Need advice on holiday accrual and entitlement to leave

Doobdonk

Hi,

My other half has been working for a national restaurant chain for 5 years.

She regularly takes time off as holiday booked and agreed with the employer but doesn't get paid for every day, her holiday balance accrues and then she'll take more time off later in the year on pay. This may sound appealing but is actually really frustrating and doesn't feel fair.

I need some help understanding the working time regs and how this translates into practice.

My understanding is that, during the first year (or part year) of employment an employee will accrue days leave. These days can only be taken as earned. This seems perfectly reasonable. It does only make reference to the first year.

I believe but may be wrong that an employee after this 'induction' period should be entitled to take leave without accrual, although the amount allowed would be based on the same principles of allowance. If the employee left before the end of the year and had taken too many holidays versus those earned then there would have to be an agreement to repay.

Am i completely off the mark here? Essentially currently she would never be able to have two weeks off in July as paid holidays? And would be forced to take two days off in March?


She is on a permanent contract working 4 days per week. The documentation at work states they should take 75% of leave before the end of October and 25% after on an April-March holiday system. Obviously they don't in practice allow this as no holidays are allowed in advance of being accrued.

Thanks for your advice.

agrinnall

Well, in theory you are right, but as the employer is entitled to say when an employee is allowed to take holiday that fact that your OH can take holiday when she wants even if some is unpaid could be seen as a bonus. I can see that it's annoying, but if she is allowed to take all of her paid leave each year then I doubt if there's much she can do about it.