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holiday entitlements at work

stusarah14
stusarah14 Posts: 21 Forumite
edited 29 December 2015 at 3:53PM in Employment, jobseeking & training
Hi all ,
Just a quick question as not entirely sure where to post this ?
My other half has been working at her current job for ten months now and has had only 6 days off work with fully paid holiday pay .
She asked before xmas what other holiday she had left and was told zero which i find unfair as cannot find anything to back this up . I have been employed for 20 years and had 5 jobs in that time but have always been allowed to take the full 28 days in employment in advance , this is where i am confused with the rules as this has never happened to me before ? Please could you all help me to post this to the correct board and if i am in the right board direct me to any relevant websites or advice please as may need to go to CAB to sort this out .
Many thanks in advance
Stu :beer:
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Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    I think there are two questions here, but I am not sure. It's not entirely clear. In the first year of employment the employer can refuse to allow holiday to be taken if it hasn't been accrued. Thereafter they can't - although obviously they can refuse holiday dates as long as the employee is able to take their full holiday allocation. So she isn't entitled to take holiday in advance yet, if the employer says no.

    But I can't see how she can have no accrued leave left if she has only had six days paid leave in ten months. How does that work? You don't seem to be questioning that?
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    Does she work full time?
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 December 2015 at 5:43PM
    Does she work full time?

    This is a very important question. If she worked one day a week she would (still) be entitled to 5.6 weeks' paid holiday for a full year, but obviously this would only be 5.6 days in total.

    I would also like to know - what are the arrangements over Xmas/NY? It may be that the company is closed for quite a few working days and that these are automatically deducted from annual leave entitlement.

    Here is a link which may help you in thinking things through.

    https://www.gov.uk/holiday-entitlement-rights/entitlement
    Ex board guide. Signature now changed (if you know, you know).
  • sangie595 , i am questioning this as she has been there ten months now and only had 6 days holiday which has been paid , she asked how much holiday entitlement she had left and they said she had none until it starts again in February , the companies policy , totally disagree with what they have told her :-( !
    Darksparkle yes she does work full time and has since last february so not sure what the company is saying as seem quite stingy !
    jobbingmusician she has had 6 days off in the past year , works full time and over xmas is only had the 24th , 25th does not work weekends anyway and had the 28th off , went back 29th , 30th and 31st , has new years day off and back to work on the 4th , so still owed holiday money in my opinion ???
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    What's the holiday year, what about the other BH has she had them as well?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    If I add up all the public holidays since February, that is more than six days. Has she worked all those public holidays, and is the Xmas / New Year period included in the six days off or not?

    It does seem there ought to be more holiday due - but it really is down to her to question it in the first instance, and to do that she needs to be clear about what paid days she has had and compare that to the record they have. It is possible that there has been a recording error. It happens.

    And it may be a mistake of phrasing, but unless she is leaving she isn't owed holiday money - she may be owed paid holiday, but not money in lieu of holiday (which your phrasing of it could be taken to mean).
  • My mistake the holiday pay is april to april which may mess it up a little , she has had all bank holidays paid plus the six days she has had off , she also has no intention of leaving but i honestly thought it would be more holiday left , so sorry if i have confused people on here as because i said before i have always been granted full holiday pay when i have started a job so looks like i am one of the luckier people with my employers past and present .
  • sangie595
    sangie595 Posts: 6,092 Forumite
    That is certainly getting closer to what I would have thought. There might be a bit more left if she asked in December - she would still be accruing December and then January - March. Worth double checking the dates in a friendly manner just to make sure they are in agreement though. And yes, a lot of employers to allow unaccrued holidays to be taken in the first year, but a lot also expect accrual. This is often a result of being burned. Not all employees stay a year, and front load their holidays at the beginning of their employment. And it isn't unheard of for the same employees to quit on pay day without giving notice. It's a hell of a lot harder to get money back than you'd think - it's too much work and cost for some employers, so they write it off. After a year, the risk is lower anyway - someone who has stuck it out that long is less likely to be a "bad egg". Of course, some employers simply stick to the letter of the law regardless. Which I suppose one can't complain about - they have a right to. But do get her to double check the dates because it still looks a little light to me, but without having all the dates set out, it's hard to be sure because I don't know at what point the accrual was at when the conversation was had.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 31 December 2015 at 8:45AM
    So are they just saying she can't have any holiday in Jan.

    Did she take the days due in the last holiday year, start date to end of holiday year?

    You need to clarify the situation first.


    [STRIKE]As this is not a first part year holiday year but the second holiday year accrual does not apply.[/STRIKE]

    Scrap that, working time regs say first year of employment, details in later post.
  • Thank you sangie595 and getmoreforless i understand it a little better now , i can see that employers wont want to pay a full year up front due to the obvious reasons of maybe staff leaving , was just a little confused , my other half was just asking how much paid holiday she had left until the next holiday year , i think its my mistake and i hold my hands up but thank you all once again , its so nice to have advice being given on here when you are unsure of rules and regs :-)
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