Holiday entitlement

Author
Discussion

TPS

Original Poster:

1,860 posts

214 months

Monday 1st February 2010
quotequote all
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.

TPS

Original Poster:

1,860 posts

214 months

Tuesday 2nd February 2010
quotequote all
Hi thanks.I just wanted confirmation that there was no way they could not pay her for her holiday before i took it further.

TPS

Original Poster:

1,860 posts

214 months

Tuesday 2nd February 2010
quotequote all
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.

TPS

Original Poster:

1,860 posts

214 months

Tuesday 2nd February 2010
quotequote all
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.

TPS

Original Poster:

1,860 posts

214 months

Tuesday 2nd February 2010
quotequote all
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. smile