Should holiday accrue from first day of work?

Pythagoras

Hi Everyone,

I started a new job on 13th July and I amentitled to 26 days holiday each year (in addition to bank holidays). Holiday year runs from 1st January. The company system says that I am entitledto 11 days holiday this year. I queried this because I worked out that I shouldbe entitled to 12.5 days. But apparently not; according to HR, I only startaccruing holiday on the 1st August, not the day that I started work.

Is this right? It just seems unfair that I worked for 3weeks in July for which I did not accrue any holiday. And if I leave the companypart way through a month, I don’t get any accrued holiday for that time either…

I checked the requirements for statutory holiday, and theyare giving me just over the legal requirements if you include the 3 bankholidays (August, Xmas and Boxing Day).

Please let me know your thoughts on this. It’s a bigcompany, so I am sure that they can do this. It just annoys me that they do dothis…

Many Thanks

getmore4less

They should prorata properly to a full years entitlement not use full months.

the issue they have if someone starts on the 2nd and finishes on the last but 1 day they get no holiday for the best part of 17% of a year.

jobbingmusician

This wasn't difficult to google, and ACAS is quite clear on the subject.

http://www.acas.org.uk/index.aspx?articleid=4583

chrisbur

jobbingmusician wrote: »

This wasn't difficult to google, and ACAS is quite clear on the subject.

http://www.acas.org.uk/index.aspx?articleid=4583

Not sure if I have missed something but this link appears to refer to the statutory holiday entitlement. The OP admits that they have been given more than the statutory entitlement the question is should the entitlement over the statutory be calculated in the same way or can the employer decide how it is calculated.
I have no idea but would not be surprised if the employer is free to calculate holiday over the statutory entitlement as they wish.

ohreally

Pythagoras wrote: »

according to HR, I only startaccruing holiday on the 1st August, not the day that I started work.

The propaganda according to HR.

They are wrong, go back and discuss with them until it sinks in.

jobbingmusician

chrisbur wrote: »

Not sure if I have missed something but this link appears to refer to the statutory holiday entitlement. The OP admits that they have been given more than the statutory entitlement the question is should the entitlement over the statutory be calculated in the same way or can the employer decide how it is calculated.
I have no idea but would not be surprised if the employer is free to calculate holiday over the statutory entitlement as they wish.

I wouldn't be surprised either. But the employer has said

Pythagoras wrote: »

Hi Everyone,

I started a new job on 13th July and I amentitled to 26 days holiday each year (in addition to bank holidays). Holiday year runs from 1st January. The company system says that I am entitledto 11 days holiday this year. I queried this because I worked out that I shouldbe entitled to 12.5 days. But apparently not; according to HR, I only startaccruing holiday on the 1st August, not the day that I started work.

This is clearly wrong, so they are likely to be wrong in their whole calculation....

specialboy

Check your contract, they can set any rules they like on holidays over and above the minimum 5.6 weeks.

Takeaway_Addict

specialboy wrote: »

Check your contract, they can set any rules they like on holidays over and above the minimum 5.6 weeks.

This.

I would expect the employer is quite within their rights to say that you don't start accruing more than statutory holiday until you start a new month.

KiKi

Pythagoras wrote: »

Hi Everyone,

I started a new job on 13th July and I amentitled to 26 days holiday each year (in addition to bank holidays). Holiday year runs from 1st January. The company system says that I am entitledto 11 days holiday this year. I queried this because I worked out that I shouldbe entitled to 12.5 days. But apparently not; according to HR, I only startaccruing holiday on the 1st August, not the day that I started work.

Is this right? It just seems unfair that I worked for 3weeks in July for which I did not accrue any holiday. And if I leave the companypart way through a month, I don’t get any accrued holiday for that time either…

I checked the requirements for statutory holiday, and theyare giving me just over the legal requirements if you include the 3 bankholidays (August, Xmas and Boxing Day).

Please let me know your thoughts on this. It’s a bigcompany, so I am sure that they can do this. It just annoys me that they do dothis…

Many Thanks

I agree that morally you're entitled to 12.5 AL days, plus any BHs in that time - but they can set any rules they like over and above the statutory minimum.

Stat min is 28 days a year, which MUST be calculated from the day you start work (they've got that bit plain wrong). You've worked 172 days. 28 days, divided by 365, multiplied by 172 is 13.2 days, rounded up to 13.5 in most companies. Take off the August BH, Christmas and Boxing day which you have to take off (your contract implies), and actually you're only left with 10.5 for AL. They've given you 11 PLUS those three days, so you're up on statutory, as you say.

First, check your contract re holiday entitlement and post the wording here so we can take a look at it for you. Also, find / download their policy on how leave is calculated.

Personally, I'd challenge them on the principle - holiday must accrue from the day you start work. Challenge them on that bit only, and see what happens. If they *have* calculated it from the day you started work, and their policy backs up that only full months are used for calculation purposes (as long as it's always over the statutory amount) then there's nothing you can really do.

However, if they maintain that they do not start counting holiday until you start a full month, and their policy says nothing about calculations, then it's worth the challenge because that is wrong. It doesn't mean the amount you've been given is unlawful, but their statements about it are incorrect, and if they ARE calculating holiday that way, there may be some periods where they fall foul of the law because of the distribution of BHs.

KiKi

Takeaway_Addict

KiKi wrote: »

I agree that morally you're entitled to 12.5 AL days, plus any BHs in that time - but they can set any rules they like over and above the statutory minimum.

Stat min is 28 days a year, which MUST be calculated from the day you start work (they've got that bit plain wrong). You've worked 172 days. 28 days, divided by 365, multiplied by 172 is 13.2 days, rounded up to 13.5 in most companies. Take off the August BH, Christmas and Boxing day which you have to take off (your contract implies), and actually you're only left with 10.5 for AL. They've given you 11 PLUS those three days, so you're up on statutory, as you say.

First, check your contract re holiday entitlement and post the wording here so we can take a look at it for you. Also, find / download their policy on how leave is calculated.

Personally, I'd challenge them on the principle - holiday must accrue from the day you start work. Challenge them on that bit only, and see what happens. If they *have* calculated it from the day you started work, and their policy backs up that only full months are used for calculation purposes (as long as it's always over the statutory amount) then there's nothing you can really do.

However, if they maintain that they do not start counting holiday until you start a full month, and their policy says nothing about calculations, then it's worth the challenge because that is wrong. It doesn't mean the amount you've been given is unlawful, but their statements about it are incorrect, and if they ARE calculating holiday that way, there may be some periods where they fall foul of the law because of the distribution of BHs.

KiKi

There is nothing immoral about how the employer is caluclating the holiday.

ceh209

Same principle at my place, we get 25 days plus bank holidays.


If you start before the 15th of the month, you accrue holiday for that whole month. If you start after the 15th, you accrue holiday from the start of the next month. I was very glad I happened to be starting on the 14th!!


It is my belief that over and above the statutory holidays, they can do whatever they want (it's in my contract). Doing it this way never takes you below your statutory entitlement.