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Employer not allowing holiday entitlement!

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Got a bit of an issue here with an employer. My employer isn't allowing me to take my accrued entitlement and will loose them as of December 31st!


I started working for them on the 18th September 2012 as a door supervisor working average 4-5 nights a week (roughly 20 - 30 hours a week) and have accrued just over a weeks holiday. Thing is, I'm on week 11 of my 12 week probationary period which means I cannot take holidays until after the 11th December. Due to the nature of the business and it being Christmas time, my employer has a strict NO Holidays after the 10th December and is in effect until the new year.


Our holiday year runs from January to December and holidays cannot be carried over, nor will the be paid in lieu. So I'm basically being denied my statutory entitlement. There are a handful of us in this situation, what are our options?

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In a word - negotiate! Why are you not able to take holiday during the probationary period?


Although the employer has the absolute right to say when holiday can or cannot be taken, and can apply rules as to any notice period required to book paid holiday, he cannot use those rules to deny you the statutory right to paid holiday. In placing a three month barrier to requesting holiday after commencement, and knowing that the additional block on holiday over Christmas would deny you the opportunity to take the leave to which you are entitled as the one would run into the other, the employer would, IMO, be acting unfairly and possibly unlawfully if he refuses to allow a little flexibility. He should either permit the holiday to be carried over, or pay you for it.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.






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