holiday entitlements at work

sangie595

getmore4less wrote: »

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.


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

I think - but I would have to look it up to be sure because it doesn't work on accrual in my area of employment and it's a long time since I have looked at this one - that accrual is in the first year of employment, and the OP has only been there ten months. This isn't yet the second year - it is years of service, not holiday years or parts of holiday years.

sangie595

Just checked it - it is the first year of employment.

getmore4less

Link to relevant section of the act.

Found it WT(A)R 2001 + 2007 15A
http://www.legislation.gov.uk/uksi/2001/3256/pdfs/uksi_20013256_en.pdf
http://www.legislation.gov.uk/uksi/2007/2079/pdfs/uksi_20072079_en.pdf

It is first year of employment, I was wrong previously.

The key is that the holiday accrues in advance monthly at rate 1/12, rounded up to the nearest 1/2 day(the rounding is not cumulative).

Also note that the WTR 1998 13(5&6) for the first partial holiday year the allowance is rounded up to the nearest day.
http://www.legislation.gov.uk/uksi/1998/1833/regulation/13/made