Not paying holiday pay

butschwa

I started a new job in July this year and have just been on holiday for the last 2 weeks. Unfortunately I didn’t get any holiday at all. When I asked my boss, he said that I wouldn’t get any holiday pay for the first year as you have to accrue it for the next financial year.

I have never had this in any job before and have not had a contract yet to see the details but is this a normal policy in business to have to wait till the next financial year to receive holiday pay?

Thanks again

[Deleted User]

No you start to accrue holiday as soon as you start employment and normally resets at the next start of a new financial or tax year or whenever they have it set down as.

System

butschwa wrote: »

I started a new job in July this year and have just been on holiday for the last 2 weeks. Unfortunately I didn’t get any holiday at all. When I asked my boss, he said that I wouldn’t get any holiday pay for the first year as you have to accrue it for the next financial year.

I have never had this in any job before and have not had a contract yet to see the details but is this a normal policy in business to have to wait till the next financial year to receive holiday pay?

Thanks again

Your boss is breaking the law. Holiday pay is accrued from the first hour. Under the Working Time Directive you have 28 days paid leave per year, no waiting a year to accrue a year's paid leave.

No idea what decade your boss is living in if he thinks what he is doing is right but it certainly isn't any after the turn of the millennium because the Working Time Directive came into force in 2003.

You need to file a written grievance stating the company is in breach of the Working Time Directive.

Print this out, highlight the bit under Leave Year, shove it in his face, ask him when you can expect to get the pay you're owed.

http://m.acas.org.uk/media/pdf/r/c/Acas-guide-Holidays-and-holiday-pay.pdf

HelpfulHetty

Tarambor is spot on. You can also call ACAS for advice.

Comms69

The boss is possibly confused as it's lawful to not pay holiday until it is accrued in the 1st year of employment.

Genuineguy03

Yes its lawful to not paid till it has been accured. But unlawful to not pay it for holidays already taken once they have been accured. So its poor practice to not pay it till it has been accured for holidays already taken, as it can cause an headache for payroll department.

Also the boss could be confusing your statutory holiday pay entitlement with that of company holiday scheme, the former you incur from day 1, the latter your entitled to once you meet any qualify conditions set out in the company scheme. So its possible he may be referring to company scheme where your entitled to holidays under it begins the following holiday year period after start of employment.

I'd suggest you ask if he's referring to your statutory holiday entitlement or entitlement under company scheme before raising any grievance.

RichardD1970

HelpfulHetty wrote: »

Tarambor is spot on. You can also call ACAS for advice.

And then call the job centre because going straight to grievance and "shoving it in his face" aren't going to end well.

butschwa

Thanks for all your help, no to try and bring it up to the boss without getting the sack!

Marvel1

butschwa wrote: »

Thanks for all your help, no to try and bring it up to the boss without getting the sack!

This is the major issue, less than 2 years service, can be dismissed for no reason.

Best keeping quiet.

Les79

RichardD1970 wrote: »

And then call the job centre because going straight to grievance and "shoving it in his face" aren't going to end well.

Normally I'd agree, but 2 weeks is ~half a month and OP will literally have received just over half of their monthly wage.


I doubt that OP would:


1. Be able to cover core bills and monthly food on 50% of a monthly wage (or maybe OP is not on/near the breadline like a lot of us, which is a fair point if true)


2. Have booked a holiday in the first place if they knew of this issue.


Though I appreciate your comments about potential sacking for little/no reason. I suspect that it is a situation which OP will have to judge as, in certain cases, you could reasonably challenge it and aim to get a result. Also, ACAS would be a good shout even if you may not end up taking it further.

RichardD1970

Les79 wrote: »

Normally I'd agree, but 2 weeks is ~half a month and OP will literally have received just over half of their monthly wage.


I doubt that OP would:


1. Be able to cover core bills and monthly food on 50% of a monthly wage (or maybe OP is not on/near the breadline like a lot of us, which is a fair point if true)


2. Have booked a holiday in the first place if they knew of this issue.


Though I appreciate your comments about potential sacking for little/no reason. I suspect that it is a situation which OP will have to judge as, in certain cases, you could reasonably challenge it and aim to get a result. Also, ACAS would be a good shout even if you may not end up taking it further.

I wholeheartedly agree that the OP should challenge it but it's more the method that I was advising against.

Printing off the associated legislation and shoving it in the bosses face as advised by Tarambor is not the way to go about it.