Hi Guys I’ve just started with a new company and I’m on probation for 3 months. During this time they have said that I will not receive any holiday until I’ve finished my probation. They have agreed to honour any hoilday I’ve got booked for the rest of the year and into the new year. A couple of questions? Q1. Do they have to pay me the Bank Holidays that are over the Xmas break even though I’m on probation?..and Q2…Will my accured hoildays start after my 3 months or after my 1st day when I started with them? Thanks
By law it should be from day 1 and either paid or holiday at another time for Xmas.
But you need to establish what your company’s interpretation is now rather later.
(Quite reasonable for them to expect you to build up some holiday entitlement before you take it, unless it was pre-booked. But you should definitely be building it up from the start).
Moose09:
Hi Guys I’ve just started with a new company and I’m on probation for 3 months. During this time they have said that I will not receive any holiday until I’ve finished my probation. They have agreed to honour any hoilday I’ve got booked for the rest of the year and into the new year. A couple of questions? Q1. Do they have to pay me the Bank Holidays that are over the Xmas break even though I’m on probation?..and Q2…Will my accured hoildays start after my 3 months or after my 1st day when I started with them? Thanks
Actual accrual starts from day 1 gov.uk/holiday-entitlement- … %C3%97%203).
Moose09:
Hi Guys I’ve just started with a new company and I’m on probation for 3 months. During this time they have said that I will not receive any holiday until I’ve finished my probation. They have agreed to honour any hoilday I’ve got booked for the rest of the year and into the new year. A couple of questions? Q1. Do they have to pay me the Bank Holidays that are over the Xmas break even though I’m on probation?..and Q2…Will my accured hoildays start after my 3 months or after my 1st day when I started with them? Thanks
They are letting you take time off for holidays you have booked.
But they are not paying any holiday pay for your first 3 months?
Assuming you are a full time worker, you get 28 days paid hol per year.
Bank Hols can be included in this 28 days.
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave.
If you were to quit after 3 months work, or be sacked, then they would owe you for 7 days hols pay, if you had taken no paid hols.
Calling employment “probation” doesn`t get them a free pass around the law.
Try this for info
gov.uk/holiday-entitlement-rights
Moose09:
Hi Guys I’ve just started with a new company and I’m on probation for 3 months. During this time they have said that I will not receive any holiday until I’ve finished my probation. They have agreed to honour any hoilday I’ve got booked for the rest of the year and into the new year. A couple of questions? Q1. Do they have to pay me the Bank Holidays that are over the Xmas break even though I’m on probation?..and Q2…Will my accured hoildays start after my 3 months or after my 1st day when I started with them? Thanks
There is no legal right to paid bank holidays. Accrued annual leave starts from the first hour you work for them. During the first 12 months of employment an employer can choose to only let you take earned leave. After the first year you no longer have to accrue leave to take it but you would have to repay any holiday paid but not earned. An employer has a legal right to say when you can take leave however they have to give you sufficient opportunity to take your annual leave so they can’t for example keep saying they can’t because it’s busy then when you get to the last month of the annual leave period get you to take it because it’s not possible to fit 5.6 weeks statutory minimum annual leave into 4 weeks. An employer must force you to take a minimum of 20 days annual leave, regardless of whether you want to or not and you cannot “sell” annual leave back to an employer once it takes you below that 20 day minimum.
If you get the standard 5.6 weeks annual leave you accrue 2.33 days per month so they may pay Xmas Day and Boxing Day bank holidays.
Yeah I think there’s some crossed wires here whether that be in the way its been explained or the way its been understood somewhere along the line, maybe even by the company.
You accrue holiday from day one, off the top of my head for a basic 20 days (ie not including public holidays) you accrue at the rate of about 1.6 days per month worked.
In the first year they can allow you to only take holiday pay as its been accrued. For instance my old place which was a right shower of sh…eisters allowed me to take a pre-booked holiday, quite rightly, but I’d only been there two months so they onky paid me for three days, the rest was unpaid.
Subsequent years you should get access to your full allowance from the start of the company holiday year but if you leave having taken more hokiday than you’ve accrued they’ve a right to claim the overpayment back.
Are you sure they didnt say you cant book any holidays in the first 3 months due to being on probation?
Conor:
An employer has a legal right to say when you can take leave
Not in my world. I tell my employer when I’m going on holiday, not the other way round. 
In any new job…when you start. In the 1st year they have to approve any holidays already booked.
They might ask for proof though.
If you need any extra holidays ie.to watch the football go.to a wedding etc you apply like normal.
But it’s all pro rata.
Ie you want 2 weeks off they give it you
They then work out how much holiday entitlement you’d be owed untill start of new holiday year
Either April or January. And if have enough days you get paid or you only get part pay.
Also some companies claim back overused holidays .
Ie you’ve been at company a while new holiday year starts. after 6 months you’ve used all your leave
Then you decide to move on to a different job. Some.places. Go well 6 months in is only ,10 days holiday and there stop 10 days. Pay pro rata from your last. Pay slip
It sounds like they have put an embargo on taking holiday in your probationary period. You should still be accumulating holiday to take later.
Moose09:
Q1. Do they have to pay me the Bank Holidays that are over the Xmas break even though I’m on probation?
In terms of bank holidays where the company is clearly saying don’t come in when you would normally be in, then you should be paid. The only exception would be if you have maybe used your yearly entitlement or something (which isn’t the case).
Moose09:
Q2…Will my accured hoildays start after my 3 months or after my 1st day when I started with them?
As above, you should be accruing paid holiday from day one.
If you need clarification on how much holiday you are due and what you should be getting paid you can PM me. I would need some details from you, so record keeping such as what days you worked, how many hours and what your pay rate is would be required.
Many companies operate on a use it or lose it basis, so know the holiday deadline and stay on top of what your entitlement is.
According to calculations online, if you have only just started, you will be entitled to roughly 3 days holiday pay towards the end of December, there are 2 bank holidays in December and 1 in January, so if you don’t have any other ‘‘paid’’ holiday time off you will have enough holiday pay accrued to be paid for these bank holidays.