Holiday entitlement.

[dave]

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]

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]

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]

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]

No - not as a contractor. Sorry.

 

As an employee of the firm you would be entitled.

[alanfromderby]

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/life/employment/holidays_and_holiday_pay.htm#who_has_the_right_to_paid_holidays

[alanfromderby]

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

 

http://www.direct.gov.uk/Employment/Employees/EmploymentContractsAndConditions/ContractsAndConditionsArticles/fs/en?CONTENT_ID=10027916&chk=mJBXca

[dave]

Blimey!! You learn something every day.

[alanfromderby]

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]

.....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]

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]

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

Thanks

[martinwhite]

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]

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]

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]

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 !!

[cheddar]

Also remember that is you are on Statutory Maternity Leave, your holiday entitlement must accrue at the same rate as if you were still working at the place of work. I used to be a temp and got 20 days, 8 of which were bank hols so technically got 12 days holiday a year and kind of accrued them as I went along.

 

They tried to tell me they didn't accrue on Maternity Leave, I gave them the DTi Maternity Rights booklet with the paragrapgh highlighted, it seems they had done it to other people and owed them £100's!

[gibboking]

Hi, does anyone know what I would be entitled to if anything.

I work in an Afterschool club 3pm - 6pm 32 weeks a year (term time) The rest of the time during the holidays my work is unpredictable, One holiday I could work the whole holidays 5 days a week 10hour days. But these hols (easter half term) there is know work for me so therefore no pay either.

I have asked my employer on many occasions what my entitlement is but still after almost 2 years I do not have an answer.

I was paid for 1 weeks holiday last year, and I was given a £200 xmas bonus (which when i asked about holiday pay was told that was covered in the bonus, so was it a bonus or holiday pay?)

I liek my job as it suits my circumstances at the moment but can't help but feel a bit let down.

vicky

[alanfromderby]

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 !!

 

 

I agree that this is not as clear-cut as I suggested. However, most companies do have a clause about it within their Contracts of Employment, and where it is stated that unaccrued leave has to be repaid then that is the case.

 

Employees without a CofE, or where their contract does not have such a clause then they cannot be made to repay.

 

This is taken from the ACAS website:

 

What happens when a worker has taken more leave than their entitlement on termination of employment?

Regulation 14 (4) of the Working Time Regulations 1998 states that an employer and worker can draw up a 'relevant agreement'( for example, in the contract of employment) to provide that a worker will compensate the employer, whether by payment, undertaking additional work or otherwise if leave already taken is in excess of entitlement when employment ends.

 

There should be a 'relevant agreement' in place; if not, and a deduction of overpayment is made by the employer from the worker's final wage payment, the worker may have the right to submit a claim to an employment tribunal under section 13 of the Employment Rights Act 1996 - the right not to suffer unauthorised deductions.

[sparky37]

what about if you work 5 days one week and 6 days the other alternate weeks.

 

if you are entitled to 4 paid weeks and the employer only gives 20 days paid holiday are they conning workers out a days holiday pay here?.

 

only 1 day i know but rather my days holiday than being at work

[sean frampton]

Hello everyone.

 

Just to pose a question:

I have been on long term sick and and the company have clawed back some money from me.I am in full time employment and I get 30 days per year which is 2.5 per month.

 

They have taken back pro-rata and i was just wondering that as i have a contract with the company which gives me these days per year, am i entitled to the holidays as in payment for these when i am not there or do i have to be at work to `earn` this entitlement.

 

Have been with this company for 5 years and never thought of questioning losing entitlement through sickness.

[alanfromderby]

My understanding is that you are entitled to accrue holiday pay whilst on long-term sickness, provided that it is only part of the year that you are ill. If you are absent for the whole year - then you cannot claim back pay in lieu of holiday entitlement.

 

If in doubt ring ACAS.

[sean frampton]

Thanks alot, that is a good answer. Accrue was the word I was looking for.

 

I was just chancing my arm would have been a bit cheeky to ask for something for nothing.

 

Dont buy a raffle ticket. Dont win a prize.

 

Thanks.

[tucool]

Can someone please advise me,

 

I started working for a company on 1 February and our holiday period started 1 April. My contract states that 'You are entitled to 1 and half days holiday per calander month'. I know from asking around that we can carry holidays forward, but only a maximum of 5 days.

 

Does anyone know of a time limit to carrying them forward? Contract has no information on time.

 

eg, I took no holidays until April, so would I still be entitled to carry forward the 3 days I was entitled to from Feb - March?

[suzieq]

Can someone please advise me,

 

I started working for a company on 1 February and our holiday period started 1 April. My contract states that 'You are entitled to 1 and half days holiday per calander month'. I know from asking around that we can carry holidays forward, but only a maximum of 5 days.

 

Does anyone know of a time limit to carrying them forward? Contract has no information on time.

 

eg, I took no holidays until April, so would I still be entitled to carry forward the 3 days I was entitled to from Feb - March?

 

Hi Tucool,

 

Going by what you say, then yes you would be entitled to carry them forward, but when you have to use them by is entirely up to your company. My OHs holiday year is Jan to Dec, and can carry forward 5 days, but these have to be used by the end of March, else he loses them. Where as I work for a company that don't allow any hols ot be carried forward at all.

 

It should all be in your contract, but if in any doubt, speak to your line manager or HR.

 

Suzie x