Accruing holiday pay

Comms69

vekma said:

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

The market dictates that, if the employee is valued they are supported; if they are disposable, they arent. 

Undervalued

vekma said:

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

It is one factor amongst many.

In times of high unemployment it is much easier for the employer to dictate terms. On the other hand when it is difficult to recruit suitable staff then the employer has to do what is necessary to attract them.

Equally, quite unfairly, employees without children often get less options as to when they can take their holidays.

LittleVoice

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

When the holiday year is a calendar year (January to December) that probably can be accommodated by Christmas week which runs from Christmas Day to New Year Eve.

Thrugelmir

vekma said:

Bit of a joke that a employer could do that , what if you wanted to go a holiday with a partner.

Industrial companies often completely shut down for 2 weeks. During which essential maintenance only is undertaken. Requiring majority of employees to take leave. 

Working in finance over the years.  I was unable to take annual leave at month end, quarter end and for an extended period at the end of the financial year. 

getmore4less

Undervalued said:

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!

The statutory default is if you request a holiday(with double notice) then unless they give you (single) notice not to take that holiday you can take it.

This can be modified by a suitable contractual term the obvious one being "holidays must be approved".

Undervalued

getmore4less said:

Undervalued said:

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!

The statutory default is if you request a holiday(with double notice) then unless they give you (single) notice not to take that holiday you can take it.

This can be modified by a suitable contractual term the obvious one being "holidays must be approved".

Indeed. However it would be a rare contract that doesn't have such a term!