can employers specify when parts of holiday entitlement can be taken?

getmore4less

specialboy wrote: »

You need to enure she gets a minimum of 123.2 hours paid leave per year, that is the min she is entitled to.

That only applies if they work/holiday a full year, as they have 4 weeks where they don't work that would reduce the statutory requirement.

specialboy

She does work a full year, the OP is paying her while she is away so is still employed at that time, the OP needs to align her time off with that of her employee so that she isn't getting extra time off with full pay.

nannytone_2

some really good points ... thank you.

i wouldn't want yp ,take her take all my dates as her paid holidays, it seems rather unfair for me to dictate to her in that degree.
she really is a good kid ( 25 so not quite a kid ) and regularly helps out with things that are way outside of her job description.
i don't want to cause any bad feeling, and she isn't intentionally taking the proverbial .... we just settled into this being the way things are.

time for a real sit down talk ....

getmore4less

specialboy wrote: »

She does work a full year, the OP is paying her while she is away so is still employed at that time, the OP needs to align her time off with that of her employee so that she isn't getting extra time off with full pay.

Just because you get paid does not mean you accrue holidays, you accrue holidays for working.

getmore4less

nannytone wrote: »

some really good points ... thank you.

i wouldn't want yp ,take her take all my dates as her paid holidays, it seems rather unfair for me to dictate to her in that degree.
she really is a good kid ( 25 so not quite a kid ) and regularly helps out with things that are way outside of her job description.
i don't want to cause any bad feeling, and she isn't intentionally taking the proverbial .... we just settled into this being the way things are.

time for a real sit down talk ....

You don't have to give the statutory minimum holidays you could give more, just be clear what you are paying for and what it is costing you.

nodiscount

Legally you are supposed to give an employee a contract (in writing) within 8 weeks of starting.

Do you have insurance?

getmore4less

nodiscount wrote: »

Legally you are supposed to give an employee a contract (in writing) within 8 weeks of starting.

Do you have insurance?

Not strictly true, often misquoted.

The contract exists, they turn up for work and they get paid.

The law requires for written particulars of employment, but there is no way to enforce this.
and it is 2 months not 8 weeks.

THis is not a contract but can form part of it.

this sumarises
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

nodiscount

getmore4less wrote: »

Not strictly true, often misquoted.

The contract exists, they turn up for work and they get paid.

The law requires for written particulars of employment, but there is no way to enforce this.
and it is 2 months not 8 weeks.

THis is not a contract but can form part of it.

this sumarises
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

If I had said 'written statement', many wouldn't understand. Most understand 'the contract' to mean a document that sets out details like holidays etc.

Failure to issue one is not enforceable in itself but can gain an element of compensation if mentioned on the back of another claim.

I think the OP needs proper legal advice as this could get messy.

nodiscount

nannytone wrote: »

she is contracted for 22 hours a week @ £10 an hour
they include bank holidays. she works some bank holidays, but not xmas or easter
the holiday year is april to april

There 2 easters in the next holiday year. This may complicate things further. The next holiday year after that may mean she gets less than legal minimum.

Undervalued

nodiscount wrote: »

Failure to issue one is not enforceable in itself but can gain an element of compensation if mentioned on the back of another claim.

Can - yes but how often does this actually happen? Very rarely these days. Once upon a time, back in the good / bad old days (depending on your political view) this could be actioned on its own and attracted an automatic award of two weeks pay.