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So seems I've lost holiday entitlement by switching jobs?

OK hoping I've missed something here but don't think I have. I mentioned in a previous thread about getting a new job,

My current employer pays holiday pay straight of the bat, no need to accrue anything, it's paid in advance then clawed back throughout the rest of the year. The end scenario being once you leave rather than getting paid for holidays not taken you could end up having to repay money to my employer.

So my summer hols were coming up in less than a month, 3 glorious weeks of because never got time off for Easter. But got my new job which I start in a few days, they only give 1 bank holiday in summer, the rest you take from annual leave, now me only starting I've not accrued anything so won't be able to take anything until December.

My current employer tells me owed 3 days holiday pay, quite different from 3 weeks.

It's annoying as I say never got off at Easter, I've had 2 days leave this year with none for the forseable future. Am I missing something?

Comments

  • Torry_Quine
    Torry_Quine Posts: 18,887 Forumite
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    falko89 wrote: »
    OK hoping I've missed something here but don't think I have. I mentioned in a previous thread about getting a new job,

    My current employer pays holiday pay straight of the bat, no need to accrue anything, it's paid in advance then clawed back throughout the rest of the year. The end scenario being once you leave rather than getting paid for holidays not taken you could end up having to repay money to my employer.

    So my summer hols were coming up in less than a month, 3 glorious weeks of because never got time off for Easter. But got my new job which I start in a few days, they only give 1 bank holiday in summer, the rest you take from annual leave, now me only starting I've not accrued anything so won't be able to take anything until December.

    My current employer tells me owed 3 days holiday pay, quite different from 3 weeks.

    It's annoying as I say never got off at Easter, I've had 2 days leave this year with none for the forseable future. Am I missing something?

    You have to get at least the minimum of 28 days holidays including bank/public holidays. When does the holiday year in the current job start? Any days left over should be paid in your final wage.

    Did you mention the planned holiday when you were interviewed for the new job as they don't have to give you them but given notice many will. They are quite within their rights though to only give holidays once they have been accrued although this would be earlier than December. They could also give you time off as unpaid leave and as you should have pay from the current employer wouldn't be without funds.
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  • falko89
    falko89 Posts: 1,687 Forumite
    The holiday year in my current job didn't start to end of April.

    I did mention I had time of coming up but they weren't interested saying the only give 1 day in the summer.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    How is your current employer paying the holiday "of the bat"
  • mountainofdebt
    mountainofdebt Posts: 7,795 Forumite
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    I think what Falk means is that say, for example, some one started in June but there was a planned shutdown for 3 weeks (as per Falk's previous thread) in July then they would get that 3 week holiday and get paid for it. The downside is that if they then left before they had accrued that 3 weeks holiday their final salary would be deducted by the relevant amount.

    As mentioned before I recently changed my job and I checked beforehand that my new employer would agree to the holidays beforehand.

    If you only had 2 days off at Easter (which I assume is Good Friday & Easter Monday) then I would have expected you to have (20/12)*2 which would equate to 3.33 days

    However when does your new employer's holiday year start? You may not have 3 weeks off next month but you will have holiday ,.....and for what its worth most employers don't expect you to accrue the full amount of holiday as they will deduct any over taken holiday from your final salary
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  • Torry_Quine
    Torry_Quine Posts: 18,887 Forumite
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    falko89 wrote: »
    The holiday year in my current job didn't start to end of April.

    I did mention I had time of coming up but they weren't interested saying the only give 1 day in the summer.

    Your employer can give you your holidays whenever they want and so can restrict when you are off. You aren't losing your holiday entitlement though as from April till now with having had two days and still being owed two sounds about right.
    How is your current employer paying the holiday "of the bat"

    I took it to mean having holidays before they are actually accrued.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • whodathunkit
    whodathunkit Posts: 1,130 Forumite
    I can't see that you've lost any holiday entitlement but what you have lost is the ability to take time off this summer. Assuming your new job's leave year runs April/March you'll be able to take lots of holiday between Christmas and the end of March, when you would've been at work if you'd stayed in your old one.
  • theoretica
    theoretica Posts: 12,691 Forumite
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    Did your new emloyer say you can't take holiday before you have accrued it in the first year? You will acrue time before December - how much you can take before then will depend on how much you want to save to take over Christmas. Hopefully in your case a change will substitute for a rest! This is a not unusual situation to be in when changing jobs.
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  • falko89
    falko89 Posts: 1,687 Forumite
    My new employer has a close down meaning holidays are set, the next proper close down is Christmas, My current employer seems a rare case, I gather most (manufacturing)companies holidays run from Jan to December so If my new employer follows this which I think he will then not sure how that will affect me?

    And as for "Taking holidays before they are actually accrued" that's exactly what I mean, my replacement which I am training now will get 3 weeks and will get his full holiday pay, he will accrue this through out the rest of the year which my employer will claw back.

    As mentioned I can only hope a change is as good as a rest.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It doesn't sound as though you've lost any entitlement - you are getting paid for the time you had accrued in your old job, and then in the new job you will start fresh.

    Your holiday entitlement will be worked out on a pro-rata basis,. so if the new employer's holiday year runs from Jan-Dec and supposing you have the standard 28 days per year then if you started on 1st July you would have 14 days entitlement for this year (as that is half way through the year.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    One of the downsides to starting a new job so close to Summer is that you normally find that all the leave slots for Summer (especially school holidays) have already been taken
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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