Accrued holiday

Pinkmunky

I've been in my current employment for 2 and half years. I recently took 2 weeks holiday and have just been told I am only getting paid one weeks holiday for this as I haven't accrued enough this year. I was on the understanding that u only accrue holiday for the first year of employment. I don't have an employment contract but my hours have been set for 2 years. Any advice on this would be greatly appreciated.

Undervalued

Pinkmunky wrote: »

I've been in my current employment for 2 and half years. I recently took 2 weeks holiday and have just been told I am only getting paid one weeks holiday for this as I haven't accrued enough this year. I was on the understanding that u only accrue holiday for the first year of employment. I don't have an employment contract but my hours have been set for 2 years. Any advice on this would be greatly appreciated.

Your employer can almost totally dictate when you can and cannot take your holiday so then can apply a rule of "accrue before you take" if they so wish.

Your right is to a minimum of 28 days holiday per year (assuming you are full time) and providing your employer allows you the opportunity of taking it at some point during the year they are doing nothing unlawful.

Sorry!

sangie595

As stated, technically, in law, you are correct. But the employer can refuse to approve holiday for no reason at all, so it's not important whether they have one and whether it's "legal" or not!

Red-Squirrel_2

sangie595 wrote: »

As stated, technically, in law, you are correct. But the employer can refuse to approve holiday for no reason at all, so it's not important whether they have one and whether it's "legal" or not!

But it sounds like they approved the holiday and only informed the employee afterwards that they wouldn't be getting holiday pay...

Pinkmunky

I asked before the holiday several times how many hours I had and if I'd be getting paid. I was informed 4 days into the holiday I would only be getting 1 weeks pay.

General_Grant

Does everyone have the same company holiday year or do you have individual years based on your start date?

If there's a company year and everyone has to accrue their holiday before they can take it then I guess everyone is off at the same time at the end of the holiday year. Possible if it's not a 24/7 business and everyone has the time between Christmas and New Year as paid leave.

Pinkmunky

Everybody has the same holiday year and as staff aren't allowed the same time off in the same department alot of the staff lose their holiday at the end of the year if not taken. We don't get paid time off at Christmas or New year. Other than Christmas day it's classed as a normal working day.

sangie595

Unfortunately, the law doesn't say that "holiday" and "holiday pay" are the same thing. It would make sense that they are. Most employers would say that they are. But the law doesn't say that. So there's no easy way of enforcing the payment. You could certainly take it to a tribunal. I suspect you'd even win because the law is clear on accrual. Unfortunately, you'd have been dismissed for a totally unconnected reason about six months before the tribunal date! That's the real world.

New job time I think?

Pinkmunky

I think u may be right. Thanks

Rosemary7391

Hang on, I'm not sure losing holiday at the end of the year is okay unless you've got more than the legal minimum and its just the extra you lose? They have to give you a chance to take it?

Undervalued

Yes, they have been "naughty" by allowing you to take more holiday than you had accrued and then not paying you for it.

They could perfectly lawfully have said "we will only allow one week's holiday at this time" and there would have been nothing whatever you could have done about it.

However they didn't so, as Sangie's says, you could theoretically make a claim for the money which you would probably win but I really don't think that would be a wise move if you intend to carry on working there.

Obviously if you find another job in the near future then you could have a go......