Holiday pay (a simple one i hope)

[t18con]

i started in a company at the beginning of December 2015. They have 33 days annual holiday (after a qualifying period). Their year runs from 1 June each year.

 

So, when I asked about holiday pay at Christmas 2015, I was told I wasn't there long enough to qualify for holiday pay (I had been there three weeks). I knew this was "strange" but didn't want to rock the boat in a new job.

 

On the first day back in the new year, everyone got their floating holiday entitlement, I queried my entitlement, and was told to ask again in June.

 

Again I asked at Easter, and was told I had accrued 4.1 days, so MIGHT get 5 days pay, but it would mean I wouldn't get May day.

 

At Mat day, I DID get paid.

 

In June I queried my floating holiday entitlement without an answer. I asked for time off in July on top of our "shutdown" period, I got 3 days off, got paid for the formal shutdown but not the extra 3 days, as I hadn't accrued enough days.

 

Thus in the space of my first year, I will have received payment for 16 days holidays. When I queried why I wasn't getting 28 days holidays, they said it wasn't the system they worked. and if I got 28 days holiday, I would be in the same position at Christmas, where I wouldn't have any holidays accrued for my Christmas holiday.

 

Am I right in that from 6th December to 6th December I should have received 28 days paid holidays? Or are they accurate in saying they can carry the holidays i'm owed into Christmas I just want to be 100% certain before putting a complaint in writing.

[obiter dictum]

It depends when your employer runs their holiday entitlement from. Some do it April to end of May, others December to january 1st. It will say in your contract of employment or employee hand book what your entitlement will be

[t18con]

It depends when your employer runs their holiday entitlement from. Some do it April to end of May, others December to january 1st. It will say in your contract of employment or employee hand book what your entitlement will be

 

so, they start on 1st June, so in that period (6th December to 1st June) I should have had 13.6 days pay? and then after that I switch to the 28 days per year?

 

So, I got paid 6 holidays holiday in that period, rather than the 14 days I should have... are they right in carrying those 8 days into next year and giving them as floaters then? I assume not but awaiting confirmation.

[obiter dictum]

They cannot carry and statutory holiday entitlement into the next year without your agreement. With being on the sick you only have 18 months max to bring a claim though from start of entitlement if leave is carried over

[Guest topcat14]

Based on the days you worked o f the holiday year you should receive 16 days holiday for the year ending 31 st May 33/365x176 days plus rounding up. Of which 13.5 days was Statutory.

 

It is quite normal for employers to say that they only pay holiday that is accrued to employees in their first year of service.

 

Contrary to what has been posted above, it is the EMPLOYERS responsibility to ensure its employees receive at least the Statutory Minimum holiday entitlement in their published holiday year ie 20 days for an employee on basic minimum holiday of 28 days. The other 8 days can be carried forward to the next year by negotiation. In practice what normally happens is that the employers local policy will be that the holidays are not carried forward from one year to the next to cut down on administration.

 

It is also worth bearing in mind that if you have more than the statutory minimum holiday in your contract you could lose that part of your entitlement if you do not take it.

 

Your employer has got this right but the communication of the policy seems to be lacking

[obiter dictum]

If, at the end of a holiday year, an employee has not taken all of their holiday, they can carry forward up to 1.6 weeks into the following year, if both the employer and employee agree to this. However, employers can’t insist that they carry it forward if they want to take it.

[ericsbrother]

they obviously have fixed shutdown periods where everyone is off on holiday. What they are saying is that if you take all of your holiday prior to (say) the chistmas shutdown then you wont have enough leave entitlement to cover that closure. This means you either take unpaid leave or they deny you the opportunity to take the flexible leave when you want to make you bank the holiday entitlement. They appear to be doing the latter. Not unlawful as long as it is explained in their terms of service or in their letter refusing you your holiday date. What they cant do though is deny you the actual amount of paid holiday in the year.