New Contract: Period before holiday entitlement
New Contract: Period before holiday entitlement
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Discussion

TRB

Original Poster:

2,852 posts

166 months

Friday 4th April 2014
quotequote all
Just started a new job, first PAYE role since 1997 so a long time since I've read an employment contract.

One bit caught my eye (other than the terrible wages).

"The employee shall be entitled to holiday only after six months of the employment period exists."

Am I reading this wrong in that I couldn't/shouldn't take any leave in the first 6 months? Is this standard? In the real world do employers show flexibility for family breaks etc?

Gargamel

16,350 posts

290 months

Friday 4th April 2014
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There are some wierd contracts out there, I keep seeing this stuff on here, and thinking that lately employers are really starting to take the piss out of the workforce.

I don't understand the purpose of that clause in a contract, what possible value does it drive ? Ok you wan people to be there whilst they are training, learning the role - but six months with no holiday seems counter productive.

If I were you I would speak to them again and see if there is flexibility, afterall most people will have already booked a summer holiday


Magic919

14,482 posts

230 months

Friday 4th April 2014
quotequote all
It doesn't sound legal. Look at the Acas site and there's no qualifying period mentioned. You could ring them if unsure.

The Beaver King

6,095 posts

224 months

Friday 4th April 2014
quotequote all
Unusual, that's for sure.

That said, when you have your interview they generally ask if you have any holidays prebooked. Most plan months ahead, so you should be able to tell them.

I would guess they'll only enforce if your looking to take 1/2 weeks off, rather than an odd day here and there for private/family reasons.

Speak to them.

blindswelledrat

25,257 posts

261 months

Friday 4th April 2014
quotequote all
I don't know about the legitimacy of the contract but I do know that holiday pay entitlement is accrued from day one.
Hence you are definitely entitled to holiday pay immediately.
That said, Im sure they are entitled to specify when you take the actual holiday contractually. THat particular contract seems a bit much though

TRB

Original Poster:

2,852 posts

166 months

Friday 4th April 2014
quotequote all
Thanks guys. Pulled them up on a couple of small things, they seemed pretty reasonable about it.

GuinnessMK

1,608 posts

251 months

Friday 4th April 2014
quotequote all
I've just started a PAYE roll with the same clause in it.

When I pointed out to HR that I'd be there constantly for the first six months, but then off for a big chunk of the second half of the year they said they'd be flexible. It's compounded by the fact that as a new starter I can roll my un-used holiday forwards, so I could effectively have 50 days to take in the second year, plus all the bank holidays.