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Forum - Accruing holiday whilst on probation
Accruing holiday whilst on probation
Tue, 22/03/2011 - 12:09 — Fiona Bisset
I wonder if anyone can tell me whether an employee is entitled to holiday pay from the day they start the job. ie if the first 3 months are the probation period, a contract has not been offered and the employee deicdes not to carry on. Is the employee entitled to a quarter of the agreed annual leave, having worked for 3 months?
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Hi ..
Useful information regarding employment rights
Good luck :)
Thank you all very helpful information.
A Tweet posted by @paulcall1 in response to your query says: "@atkirby they accrue basic rights under WTR [working time regulations] from day 1 but anything else is up to contract"
The Law Donut Team
Hi Fiona,
The employee is entitled to paid holiday leave during their probationary period (20 days per year plus bank holidays), regardless of whether they continue with the company or not after probation. You also have a legal obligation to give the employee an employment contract within 6 weeks of joining, so I recommend that you don't wait until the end of the probation period.
The contract from day 1 is important as it protects your company confidential information, plus it makes you look professional and as if you know what you are doing!
You can either let them accrue holiday (at the rate of 1.67 days per month) or just make a deduction from the final pay check if they have taken more holiday than they have accrued by their leaving date. If you do this, make sure you have the right to make deductions in a signed contract!
Thanks for your comment and advice Ally - it's useful having specific information on the amount of holiday accrued per month.
The Law Donut Team
Hi Fiona,
an employment contract exists from the moment you accepted the offer of employment, regardless of whether you received anything in writing. You might find our guide on Employment contracts: http://www.lawdonut.co.uk/law/employment-law/recruitment-and-employment-... useful to read especially points 1.1, 1.2 and 2.1. Your employer is legally obliged to provide you with a written statement covering terms and conditions, including information on entitlement to annual holidays, within the first two months of employment.
I know this doesn't answer your specific question but it may help to have this information to hand when it comes to negotiating your final paycheck.
Let us know how you get on.
The Law Donut Team.
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