accrued holidays

josie.d

I started a temporary job at the end last year, which then became permanent. Holiday periods for the company run from February - January.

At the beginning of my temporary contract I was told that by the end of the temporary period I would have accrued some holiday entitlement which I would be paid for at the end of the contract.

As the job is now permanent, will they still have to pay me if the holidays I have accrued are not taken?

There is only a week left until the end of the holiday year, and I am not sure they will let me take the time off due to other members of staff using the rest of their entitlement up.

Sambucus_Nigra

They aren't allowed to pay you for your standard allocation of holidays [it's illegal]. Why haven't you taken them?

josie.d

Because I don't know how the system works, hence my question.

So do I have to take them, and do they now have to allow me the days off that I have accrued even though there is only one working week left before the end of the holiday year?

josie.d

I have just read on the direct.gov website that any holidays owed are paid when the job has ended.
As this is now a permanent job, does this mean that if I ask for the leave I have accrued they must let me have it?

Sambucus_Nigra

josie.d wrote: »

Because I don't know how the system works, hence my question.

So do I have to take them, and do they now have to allow me the days off that I have accrued even though there is only one working week left before the end of the holiday year?

Yes, they have to allow you the time off. I was asking why you hadn't taken them to find out whether you hadn't taken them through choice, or not being allowed to take them.

They can only pay you outstanding/accrued leave if you are actually leaving.

josie.d

Thankyou Sambucus Nigra, apologies for the way I took your question as to why I hadn't taken them already - just goes to show how what is written can be misinterpreted.

As there are a lot of other staff taking time off at the moment who have been there longer than I have, I didn't think I would be able to get time off, and in fact when I asked when I was going to have my lieu day for the Bank Holiday I worked, I was told that I would be paid for it instead of a day off as there is no scope for time off due to others finishing their holiday leave.

Now I am worried that if I ask on Monday for the time off I have accrued that there will be problems. I haven't been there long and don't want to rock the boat so to speak, but at the same time I don't want to be losing out on what I am entitled to.

getmore4less

You need to make them aware off the issue,

This should have been tackled at the time you went permanent.


Getting paid for the Bank holiday won't help the amount of holiday wshould sill still include prorata BH entitlements.


Make sure they get the holiday correct prorata on the full time workers holidays.

LittleVoice

How many days/hours will you actually have accrued by the end of January?

Though it isn't actually lawful for the statutory holiday entitlement to be carried forward to another leave year, would you complain if they allowed you to do so (say to be taken by the end of March) or gave you an ex gratia allowance for the next year which happened to equal the amount you have already accrued?

josie.d

From LittleVoice:
Though it isn't actually lawful for the statutory holiday entitlement to be carried forward to another leave year, would you complain if they allowed you to do so (say to be taken by the end of March) or gave you an ex gratia allowance for the next year which happened to equal the amount you have already accrued?


I wouldn't mind how they do it, as long as I get what I am entitled to. I know that they can only carry over accrued holidays in exceptional circumstances and wonder if this might be the case here.

I am happy to go along with any legal solution, and will speak to the personnel manager on Monday. I believe I have accrued four days (this is what I was told I would have accrued when I started my temporary contract).

paddedjohn

if you and your employer agree then you are allowed to carry over upto 1.6 weeks of your holidays to the next year.

josie.d

Thank you, that's useful to know.