Accruing holiday pay

vekma

were i work they are trying to say I need to accrue holiday pay before taking it. I work 40hrs over 5 days and they pay the minimum of 28 days, I also thought accruing was only in your first year of employment. Now I'm off end September and they won't pay any holiday pay even though I have 7 days left. Surely this can't be legal. I did do a formal grievance about this last year and was told HR say its legal.
So what if you wanted to go away 2 weeks in March 2 weeks in May and a week in June , hols go Jan 1 to dec 31

Tough they said you can't  !!

Comms69

It's not legal after the first year. 

It is legal for them to tell you when you can go on leave though

Diamandis

Comms69 said:

It's not legal after the first year. 

Can you provide a link to this law? 

Comms69

Diamandis said:

Comms69 said:

It's not legal after the first year. 

Can you provide a link to this law? 

Honestly no, I believe it came down to case law and i dont remember the name. Like i say it's largely academic, because the employer can just decline the leave request

getmore4less

Its part of the Working time regulations that allow accrual only for the first 12 months of employment.
accrual is 1/12 of the allowance  on the 1st of the month.

In practice not being able to use accrual can be overcome by other legislation that can stop people taking the holiday till it is accrued BUT if they let you take the holiday  it should be paid.


The real problem for the employer is everyone has to have the last week(or some of it) of the holiday year on holiday if they do this..

you have to look at all the amendments as well as the base legislation as some of the rules changed.
https://www.legislation.gov.uk/uksi/1998/1833/contents

the relevant section 

https://www.legislation.gov.uk/uksi/1998/1833/regulation/16

Comms69

getmore4less said:

Its part of the Working time regulations that allow accrual only for the first 12 months of employment.
accrual is 1/12 of the allowance  on the 1st of the month.

In practice not being able to use accrual can be overcome by other legislation that can stop people taking the holiday till it is accrued BUT if they let you take the holiday  it should be paid.


The real problem for the employer is everyone has to have the last week(or some of it) of the holiday year on holiday if they do this..

you have to look at all the amendments as well as the base legislation as some of the rules changed.
https://www.legislation.gov.uk/uksi/1998/1833/contents

the relevant section 

https://www.legislation.gov.uk/uksi/1998/1833/regulation/16

Thanks WTD i'll remember that now

vekma

thanks for info , so it seems they can refused hols anyway giving notice length of time off.

Undervalued

vekma said:

thanks for info , so it seems they can refused hols anyway giving notice length of time off.

They don't need to give notice to refuse a holiday request! They only have to give notice to cancel holiday that has already been booked.

As others have suggested, while you have a legal right to your 28 days holiday and the employer must let you take them at some point the employer can totally dictate when. It would be perfectly lawful for them to close for 28 days per year and allow no other holiday whatsoever!

vekma

Bit of a joke that a employer could do that , what if you wanted to go a holiday with a partner.
Turns out having it off and getting paid the hols later.

Morale of the story , get a better job.

Comms69

vekma said:

Bit of a joke that a employer could do that , what if you wanted to go a holiday with a partner.
Turns out having it off and getting paid the hols later.

Morale of the story , get a better job.

Why? Your private life is nothing to do with the business...

vekma

Its in a businesses best interest to keep its employees happy and look after their mental health,  no employees no business.