Holiday pay problem - advice needed

pstones578

My partner and I have just got back from a two week holiday. She has just been paid but is missing some money. She has been told it's because she has not accrued enough leave yet this year to cover the holiday. She has been with the company 6 years. I've just had a quick look and it appears they can only do the accrual thing in the first year

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945

Can anyone advise on this please?

Thanks in advance.

pstones578

Also found this that refers to accrual only happening in the first year

http://webarchive.nationalarchives.gov.uk/20100202100434/direct.gov.uk/en/employment/employees/timeoffandholidays/dg_171945

epm-84

If, for instance, she started August 2006 and her holiday entitlement was 20 days in the 5th year and 25 in the 6th year then her actual holiday entitlement could be:
2011: 20 days
2012: 20 days plus 1.5 days ((5/12)*4) only allowed to be taken after August 2012
2013: 25 days

Apart from that she should be able to take any holiday at any time but if she took 20 days holiday in January and left in May then she would have days which she isn't entitled to pay for at the end of her employment.

marybelle01

epm-84 wrote: »

If, for instance, she started August 2006 and her holiday entitlement was 20 days in the 5th year and 25 in the 6th year then her actual holiday entitlement could be:
2011: 20 days
2012: 20 days plus 1.5 days ((5/12)*4) only allowed to be taken after August 2012
2013: 25 days

Apart from that she should be able to take any holiday at any time but if she took 20 days holiday in January and left in May then she would have days which she isn't entitled to pay for at the end of her employment.

???
What does any of this have to do with the OP? She hasn't left her employment - or there is nothing to say she has. And a totally fictional account of what holidays she might have had entitlement to isn't any help!

As far as I am aware OP, you are correct. You are only limited to taking accrued holiday (if the employer insists on that) in the first year of employment, and thereafter you should be paid for any holiday which has been been approved, whether accrued or not.

epm-84

marybelle01 wrote: »

???
What does any of this have to do with the OP? She hasn't left her employment - or there is nothing to say she has. And a totally fictional account of what holidays she might have had entitlement to isn't any help!

The OP didn't mention what the holiday entitlement is for their employment, how many days have been taken or whether it might be different from the previous years due to incurring more entitlement with service so it may be relevant.

marybelle01

epm-84 wrote: »

The OP didn't mention what the holiday entitlement is for their employment, how many days have been taken or whether it might be different from the previous years due to incurring more entitlement with service so it may be relevant.

It doesn't matter what their holiday entitlement is. Only that they haven't used all of it in the relevant holiday year.

paddedjohn

epm-84 wrote: »

If, for instance, she started August 2006 and her holiday entitlement was 20 days in the 5th year and 25 in the 6th year then her actual holiday entitlement could be:
2011: 20 days
2012: 20 days plus 1.5 days ((5/12)*4) only allowed to be taken after August 2012
2013: 25 days

Apart from that she should be able to take any holiday at any time but if she took 20 days holiday in January and left in May then she would have days which she isn't entitled to pay for at the end of her employment.

What a load of codswallop.

epm-84

paddedjohn wrote: »

What a load of codswallop.

No it's not as that's how my holidays work with the number of years service changed. The only post here that is codswallop is YOUR post, you ignorant git. I was trying to help - you're only trying to be a rude ****.

Uncertain

MarkTed wrote: »

Some do adapt accrual while some adapt the yearly leave given to their employees, setting up their leaves etc.

Well your partner should review about their companies' leave type - if it is accrual or the other way.

If it is accrual then you cannot do anything since it was a company policy about taking leave - earn your leave monthly as it says.

But if it was a leave year then the company should pay your partner of the missing money and that if your partner has already planned your two week holiday provided that the company was well informed about it.

I'm sorry but I just read three of your recent posts and don't understand any of them!

I'm sure they are well intentioned but your inability to express yourself in clear English gives the impression that your grasp of employment law is similarly lacking.

marybelle01

Uncertain wrote: »

I'm sorry but I just read three of your recent posts and don't understand any of them!

I'm sure they are well intentioned but your inability to express yourself in clear English gives the impression that your grasp of employment law is similarly lacking.

Agreed! Sorry but I don't understand any of them either!

marybelle01

epm-84 wrote: »

No it's not as that's how my holidays work with the number of years service changed. The only post here that is codswallop is YOUR post, you ignorant git. I was trying to help - you're only trying to be a rude ****.

The OP asked what the law is about leave accrual - not what your companies policy on service based increases in annual leave was. Much as I am sure it was interesting to him to know what leave you get, it didn't answer his question at all.