Holiday Pay Issue

General_Grant

Hoenir said:

ASE291223 said:

 I still have my contract and it doesn't mention anything about accruement, only that employees are entitled to 28 days holiday per year. 

No employer is going to recruit someone. Who then leaves after a month. Only to pay them for 28 days leave. Hence it's only reasonable that paid leave is accrued for complete months worked. 

On that basis (whole months being worked), someone beginning work on 2 November and leaving on 30 December would have no entitlement to paid leave.  That is not lawful.

However, for any leave above (the amount in excess of) statutory, the employer can use any rule they stipulate.

400ixl

Is your holiday entitlement 20 days + bank holidays or 28 days + bank holidays?

As people have said you accrue holiday as you progress through the year, so 1/12th of your holiday entitlement each month. Companies allow you to bring forward holiday you haven't accrued if you say wanted a week off before you had accrued all of that entitlement.

If you leave the company mid holiday year then you accrual must match your leave taken, else they either owe you the balance, or you may owe them.

Hoenir

General_Grant said:

Hoenir said:

ASE291223 said:

 I still have my contract and it doesn't mention anything about accruement, only that employees are entitled to 28 days holiday per year. 

No employer is going to recruit someone. Who then leaves after a month. Only to pay them for 28 days leave. Hence it's only reasonable that paid leave is accrued for complete months worked. 

On that basis (whole months being worked), someone beginning work on 2 November and leaving on 30 December would have no entitlement to paid leave.  That is not lawful.

However, for any leave above (the amount in excess of) statutory, the employer can use any rule they stipulate.

No need to get nit picky.  I was merely illustrating the concept behind accrual. Which is the point at issue and the apparent misunderstanding. 

EnPointe

General_Grant said:

Hoenir said:

ASE291223 said:

 I still have my contract and it doesn't mention anything about accruement, only that employees are entitled to 28 days holiday per year. 

No employer is going to recruit someone. Who then leaves after a month. Only to pay them for 28 days leave. Hence it's only reasonable that paid leave is accrued for complete months worked. 

On that basis (whole months being worked), someone beginning work on 2 November and leaving on 30 December would have no entitlement to paid leave.  That is not lawful.

However, for any leave above (the amount in excess of) statutory, the employer can use any rule they stipulate.

no , not at all  you  appear to be wilfully   misinterpeting the situation