Holiday entitlement

[TPS]

The other half has been told she is only allowed paid holiday after working for 3 years for the company but can take unpaid now.
Could someone confirm this is not legal.
I know checking various sites it states that holiday is accrued from the day you start working but just want confirmation there is no way they can make her wait 3 years for paid holiday.

[V8LM]

TPS said:

...just want confirmation there is no way they can make her wait 3 years for paid holiday.

Sounds like you know the answer already, although why should she be entitled to holiday? Anyway, unless she is self employed, I believe it's 5.6 weeks (Pro rata, so 28 days for a 5 day week) and starts to accrue from the first day of full employment.

ETA: this: http://www.direct.gov.uk/en/Employment/Employees/T...

Edited by V8LM on Monday 1st February 23:14

[TPS]

Hi thanks.I just wanted confirmation that there was no way they could not pay her for her holiday before i took it further.

[streaky]

Directgov said:

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

http://www.direct.gov.uk/en/Employment/Employees/T...

Note the first and third bullet points - Streaky

[RacingPete]

:Devil's advocate mode on:

But point 4 says that - your employer can control when you take your holiday

So does that mean they can say, actually you can't have any holiday for 10 months unless you want to take it unpaid (3 years does seem a little far in my argument)?

[Jasandjules]

RacingPete said:

:Devil's advocate mode on:

But point 4 says that - your employer can control when you take your holiday

I "think" that clause was put in so that your employer can say, for example:

You must take 95% of your holidays during school holidays (if you are a teacher)
You must take 10 consecutive days off in each year (for employees of SFA registered firms etc)

Rather than

You must take all your holiday at the end of the year...

[TPS]

RacingPete said:

:Devil's advocate mode on:

But point 4 says that - your employer can control when you take your holiday

So does that mean they can say, actually you can't have any holiday for 10 months unless you want to take it unpaid (3 years does seem a little far in my argument)?

This was my concern.One company i worked for said 6 months before i could take holiday but that was years ago.As you say 3 years does seem quite off.
The points streaky highlights are what i was looking at.

[Gallen]

TPS said:

The other half has been told she is only allowed paid holiday after working for 3 years for the company but can take unpaid now.

Is this a new job?

The reason I ask is that if this is not a new job and she has previously been allowed to do this, it can become part of your contract through custom by practice.

Brief description:
http://www.worksmart.org.uk/rights/what_is_meant_b...

Example & Case Law (Henry and others v London General Transport Services Ltd)
http://www.thompsons.law.co.uk/ltext/l1160002.htm

Hope it helps.

pps. The employer sounds like they suck.

Edited by Gallen on Tuesday 2nd February 12:56

Edited by Gallen on Tuesday 2nd February 13:02

[streaky]

RacingPete said:

:Devil's advocate mode on:

But point 4 says that - your employer can control when you take your holiday

So does that mean they can say, actually you can't have any holiday for 10 months unless you want to take it unpaid (3 years does seem a little far in my argument)?

That clause is simply to enable the employer to manage the holiday-taking of all staff so as to prevent everyone being off at the same time (contrary to the French practice of "le pont"). If an employer tried to use it to prevent the reasonable taking of holiday until some significant period of time had elapsed, that might constitute a breach of employment law (but IANAL) - Streaky

[TPS]

Gallen said:

TPS said:

The other half has been told she is only allowed paid holiday after working for 3 years for the company but can take unpaid now.

Is this a new job?

The reason I ask is that if this is not a new job and she has previously been allowed to do this, it can become part of your contract through custom by practice.

Brief description:
http://www.worksmart.org.uk/rights/what_is_meant_b...

Example & Case Law (Henry and others v London General Transport Services Ltd)
http://www.thompsons.law.co.uk/ltext/l1160002.htm

Hope it helps.

pps. The employer sounds like they suck.

Edited by Gallen on Tuesday 2nd February 12:56

Edited by Gallen on Tuesday 2nd February 13:02

She has been there 6 months nearly so i want to get it sorted out before it becomes an issue.
Thanks.

[DavidHM]

What on earth kind of job is this that completely ignores the most basic statutory requirements?

No names obviously but what industry is it, what does she do and is she even in Europe?

[simonej]

streaky said:

Directgov said:

The basics of holiday rights

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

Hmmm, how come I only get 20 days of paid holiday per year? It says so in my contract and it's what I took last year. (Full time employed). Are there any rules for companies to get around the 28 days law?

[TPS]

DavidHM said:

What on earth kind of job is this that completely ignores the most basic statutory requirements?

No names obviously but what industry is it, what does she do and is she even in Europe?

Its in the uk but i would rather not give much more details on here for obvious reasons.

[JustinP1]

TPS said:

DavidHM said:

What on earth kind of job is this that completely ignores the most basic statutory requirements?

No names obviously but what industry is it, what does she do and is she even in Europe?

Its in the uk but i would rather not give much more details on here for obvious reasons.

I am guessing it is a small unknown company?

No company with half-sensible directors would attempt to get away with that.

If they don't even know about paid holidays then what else are they neglecting in having employees?

[driverrob]

Because there are 8 bank holidays per year in the UK:

Public Holidays in England and Wales in 2010
New Year's Day January 1
Good Friday April 2
Easter Monday April 5
Early May Bank Holiday May 3
Spring Bank Holiday May 31
Summer Bank Holiday August 30
Christmas Day Holiday December 27
Boxing Day Holiday December 28

[Nick M]

simonej said:

streaky said:

Directgov said:

The basics of holiday rights

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

Hmmm, how come I only get 20 days of paid holiday per year? It says so in my contract and it's what I took last year. (Full time employed). Are there any rules for companies to get around the 28 days law?

Because the other 8 days of paid holiday are the 8 statutory bank holidays we have in the UK.

[northandy]

simonej said:

streaky said:

Directgov said:

The basics of holiday rights

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

Hmmm, how come I only get 20 days of paid holiday per year? It says so in my contract and it's what I took last year. (Full time employed). Are there any rules for companies to get around the 28 days law?

its basically 20 days + 8 bank holidays.

So if you get 20 days holidays + all the statutory days they are covering just the minimum.

[Engineer1]

simonej said:

streaky said:

Directgov said:

The basics of holiday rights

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

Hmmm, how come I only get 20 days of paid holiday per year? It says so in my contract and it's what I took last year. (Full time employed). Are there any rules for companies to get around the 28 days law?

Do you get bank holidays automatically? the 28 days is if your company works bank holidays as it puts the 8 days back into the holiday pot.

[touching cloth]

simonej said:

streaky said:

Directgov said:

The basics of holiday rights

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

Hmmm, how come I only get 20 days of paid holiday per year? It says so in my contract and it's what I took last year. (Full time employed). Are there any rules for companies to get around the 28 days law?

I believe 28 days includes bank holidays, I would guess you more than likely get 20 days plus the bank holidays.

[Jagmanv12]

touching cloth said:

simonej said:

streaky said:

Directgov said:

The basics of holiday rights

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

Hmmm, how come I only get 20 days of paid holiday per year? It says so in my contract and it's what I took last year. (Full time employed). Are there any rules for companies to get around the 28 days law?

I believe 28 days includes bank holidays, I would guess you more than likely get 20 days plus the bank holidays.

Resurrecting this thread as it's similar to a problem for my gf.

Her employer has told her she no longer gets 28 days holiday but 22. Can they do this?
From previous posts here and looking on the gov.uk site I'm thinking that it should be 22 days plus bank holidays.

The company provides a service 365 days a year so some staff have to work bank holidays.
She normally works weekends and some bank holidays.