Holiday entitlement.

dave · 27th March 2006, 15:20

I'll kick off with a well known one:

Regardless of your employment contract, you are entitled to at least 4 weeks paid holiday in the UK.

Not sure if this is instant, or if you would be bound by a probabation period.

(Stephen could probably tell us more

)

alanfromderby · 27th March 2006, 15:34

It would depend on what period the company use for acruing holiday entitlement. If it is from January to December, and you started work on 1st April, then you would only be entitled to three-quarters of the holiday in that year ie 3 weeks.

Also remember that if you were to take the three weeks holiday, and then left the company on 31st September, the company would be entitled to reclaim one week of the holiday pay back, as you would only have worked for them for six months.

Other factors do come into play with part-time and shift workers etc.

dave · 27th March 2006, 15:37

You are quite right - the holiday entitlement would be pro-rataed.

My partners sisters boyfriend, had a job where he was paid for only 3 days holiday regardless of the % of the year he'd been there.

He wasn't aware that they legally had to pay him for 4 weeks.

neilloffhagen · 27th March 2006, 16:07

How does this now work with pewople on long term contracts? I've been at one company fo over a year now. I've had time off, but not paid. Are you saying I'm entitled to paid holiday as a contractor?

Thanks,

Neil.

dave · 27th March 2006, 16:18

No - not as a contractor. Sorry.

As an employee of the firm you would be entitled.

alanfromderby · 27th March 2006, 16:18

European legislation came in some years ago now. All part-time workers, temps, contractors etc., are entitled to paid holiday just the same as full time employed people.

Try this link:

http://www.adviceguide.org.uk/index/..._paid_holidays

alanfromderby · 27th March 2006, 16:24

Also worth checking out this link as it clarifies the position of contractots:

http://www.direct.gov.uk/Employment/...916&chk=mJBXca

dave · 27th March 2006, 16:25

Blimey!! You learn something every day.

alanfromderby · 27th March 2006, 16:32

Quote:

Originally Posted by dave

Blimey!! You learn something every day.

I have to admit that these changes crept in from Europe without much publicity. At the time I was working in a Human Resources office, so had to deal with it at the front line, so to speak.

chris_h · 30th March 2006, 13:09

Quote:

Originally Posted by neilloffhagen

.....are you saying I'm entitled to paid holiday as a contractor?

As a contractor, you are just there to be bled dry by the inland revenue who want to treat you as an employee (IR35). However, it seems we do not get any of the perks!!

omollmeg · 30th March 2006, 18:19

Hi,
Am I understanding this correctly..
I work as a job sharer for a large airline company.. I work 10 days a month on a 2on 4off roster I have worked for the same company for nearly 10yrs and i receive 16.5 days off a year is this ok? As we are shift workers we are contracted to work all public holidays,xmas etc
just wondering if i have a good deal or am entitled to any more..
Many thanks

omollmeg · 31st March 2006, 13:54

Hi as to the above I think looking at it I actually do quite well on the holiday entitlement.
Thanks

martinwhite · 31st March 2006, 18:47

At my company I get 104 days off per year. They're called Saturday and Sunday.

Also if I am ill on a Friday, they give you two days off automatically.

andrew1 · 1st April 2006, 07:12

I ran an recruitment agency with loads of temps who all now get holiday pay entitlement. It's a good thing for temps as they often went from one job to another and never took a break and often their rate did not reflect the equivelant of permanent staff. However, contractors as they like to be called with their Limited Companies faired alot better with thier reduced tax & NI and higher charges - I don't feel too sorry for Ltd Company contractors I'm affraid, they in the main do very nicely thank you and shouldn't complain too much on a site like this!

ethank · 1st April 2006, 11:20

As a HR Advisor - I thought I'd just say that this 4 weeks does not mean 28 days. It means 4 working weeks. 20 Days. Also it is perfectly legal (although terribly bad practice) for companies to include 8 Bank Holidays a year in this figure. I am so lucky, I get 35 days holiday plus Bank Holidays a year!

kenturner · 3rd April 2006, 10:13

Quote:

Originally Posted by alanfromderby

Also remember that if you were to take the three weeks holiday, and then left the company on 31st September, the company would be entitled to reclaim one week of the holiday pay back, as you would only have worked for them for six months.

Alanfromderby, i beg to differ here, if you do take 3 weeks paid holiday (but have only accrued say 1 week) the employer cannot reclaim the holiday pay from your final wages as this would be seen as an unlawful deduction from wages, the fact that they have paid you for something you are not entitled to is their problem and they have no legal recourse for getting the money back - if they did unlawfully take this from final wages then you would have a case at an industrial tribunal and you would win, but of course ACAS would tell the employer this before it got to a tribunal and advise them to pay up or else !!

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