accrued holidays

getmore4less

paddedjohn wrote: »

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

that's for a full year having taken the 4 weeks,

Probably does not apply to a part year

Alexd_2

paddedjohn wrote: »

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

Would this apply for all employers?

LittleVoice

paddedjohn wrote: »

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

This is no longer the case - the law changed in about 2009.


Originally those 1.6 weeks were the allowance for the 8 bank holidays which were added to the earlier entitlement of 4 weeks. To start with it was only the 4 weeks which had to be taken or automatically be lost, now it is all 5.6 weeks of an annual entitlement.

To add: If more than the statutory minimum (including pro rata) is offered under the employment contract, then the extra days above the minimum are allowed to be carried forward by agreement with the employer.

Savvy_Sue

LittleVoice wrote: »

This is no longer the case - the law changed in about 2009.


Originally those 1.6 weeks were the allowance for the 8 bank holidays which were added to the earlier entitlement of 4 weeks. To start with it was only the 4 weeks which had to be taken or automatically be lost, now it is all 5.6 weeks of an annual entitlement.

To add: If more than the statutory minimum (including pro rata) is offered under the employment contract, then the extra days above the minimum are allowed to be carried forward by agreement with the employer.

This is all true, but there is also the pragmatic argument. The employer can't legally pay her for holidays she hasn't taken, but also can't easily allow her to take those holidays because there's such a short period in which to take them.

However, if there is no 'fixed' holiday year, then the holiday year starts the day the employee started.

So if josie can't take all her entitlement for the temporary part of her employment before the new 'fixed' holiday year starts, she could suggest that it be carried forward into the new holiday year on the understanding that she takes it all by a certain date.

If she started at the beginning of December, then that would mean she'd get 14 months' worth of holiday to take over 14 months.

Even if this isn't the company's usual practice, it seems to me like the best way forward.

FWIW, it's what I do with temp contracts: we have someone on a 6 month contract which spans our holiday year, so rather than tell them they have X days in 2011 and Y days in 2012, I have told them they have X+Y days to cover the duration of their contract.

paddedjohn

LittleVoice wrote: »

This is no longer the case - the law changed in about 2009.


Originally those 1.6 weeks were the allowance for the 8 bank holidays which were added to the earlier entitlement of 4 weeks. To start with it was only the 4 weeks which had to be taken or automatically be lost, now it is all 5.6 weeks of an annual entitlement.

To add: If more than the statutory minimum (including pro rata) is offered under the employment contract, then the extra days above the minimum are allowed to be carried forward by agreement with the employer.

Im sorry but you are wrong, you are allowed to carry over upto 1.6 weeks with the agreemant of your employer. See below taken from the directgov site.

Carrying over holidays

You do not have an automatic right to carry leave over. Of your 5.6 weeks entitlement, you must take the first four weeks of the leave, in the year that it is allocated. You can only carry forward the additional 1.6 weeks' leave if it remains untaken, with your employers permission or if it allowed by your employment contract.
If you have a leave entitlement more generous then the statutory minimum, your employer may allow you to carry over any of this additional entitlement if it remains untaken. However, this should be set out in your contract of employment

getmore4less

Savvy_Sue wrote: »

FWIW, it's what I do with temp contracts: we have someone on a 6 month contract which spans our holiday year, so rather than tell them they have X days in 2011 and Y days in 2012, I have told them they have X+Y days to cover the duration of their contract.

If they work the full 6 months they are entitled to more than 1/2 a years holidays.

A company holiday year does not have to apply to all employees so there are easy ways round the situation in the first year which avoid the possibility of getting sued by an employee for carrying over.

Savvy_Sue

getmore4less wrote: »

If they work the full 6 months they are entitled to more than 1/2 a years holidays.

??? If you mean they are entitled to half a year's holiday pay AS WELL AS half a year's pay, then yes, I agree, that if they don't take any holiday during that 6 months then they need to be paid for it at the end of the contract. However if they take their leave during the contract, they don't get paid for more at the end, surely?

getmore4less

Savvy_Sue wrote: »

??? If you mean they are entitled to half a year's holiday pay AS WELL AS half a year's pay, then yes, I agree, that if they don't take any holiday during that 6 months then they need to be paid for it at the end of the contract. However if they take their leave during the contract, they don't get paid for more at the end, surely?

Holidays acrue assuming they are taken so for staturory holidays 5.6 weeks are earned by working 46.4 weeks.( if you give more than statutory they accrue over a shorter time)

A worker on a 6 month contract that works the full 6 months without taking any holiday accrues 0.56 (26/46.4) worth not 0.5

So 15.7 days not 14.

I suspect most places get this wrong and also get it wrong for leavers failing to account for the holidays due on the untaken holidays that have been worked.

Savvy_Sue

I'm not sure I wanted to know that ...

Maybe I should just go for the 'multiply by 12.07%' option for contracts less than 1 year? (if the contract is a year, we'd expect them to take their leave within the year.)