employment law - holiday entitlement

steve1

Active Member
I’m not a hgv driver and all I’m saying is that on this current accrued holiday scheme I can’t take my holiday when I like normally I use all my holiday by august as I don’t like taking holiday in the autumn/ winter and can’t do this on a accrued scheme
 

oneman

Well-known Member
I’m not a hgv driver and all I’m saying is that on this current accrued holiday scheme I can’t take my holiday when I like normally I use all my holiday by august as I don’t like taking holiday in the autumn/ winter and can’t do this on a accrued scheme
What more do you want from the forum ? You always have the option of changing to another company and check their holiday policy before taking the job.
 

steve1

Active Member
My initial hope was someone else was on a accrued holiday scheme and managed to get of it after one year
 

noiseboy72

Distinguished Member
It's unfortunate that you joined right at the end of the year, as it means that you will need to work about 22 months before you have worked a full holiday year.

I would imagine that by next year, you might have a good case for this.

Part of the problem is that businesses cannot claw back holiday they have given you by reducing your final pay packet, so if you use up more than you have accrued, they are the losers.

Unpaid is the way to go and then see if once its accrued, they will then count it as paid and give you some money back.
 

Trajet

Active Member
Part of the problem is that businesses cannot claw back holiday they have given you by reducing your final pay packet, so if you use up more than you have accrued, they are the losers.

I'm not sure if I agree with you on this point.

It's pretty standard on all employment contract's that if one use's more holiday than they have accrued, it will be clawed back from the employee's final pay.
 

Belzok

Well-known Member
I'm not sure if I agree with you on this point.

It's pretty standard on all employment contract's that if one use's more holiday than they have accrued, it will be clawed back from the employee's final pay.
Something at the back of my mind is saying yes it can but can't take you under minimum wage.
 

Laureline

Well-known Member
My initial hope was someone else was on a accrued holiday scheme and managed to get of it after one year

Yes, but that would be a different company.

Just because Company X allows you to start accruing holiday after a year it doesn't mean that your company has to.

Presumably the vacation system was outlined in your contract and I just don't see you have grounds to file a grievance procedure.
 

imightbewrong

Distinguished Member
Part of the problem is that businesses cannot claw back holiday they have given you by reducing your final pay packet, so if you use up more than you have accrued, they are the losers.

My understand was they could if it was written into the contract, but not otherwise.
 

noiseboy72

Distinguished Member
My understand was they could if it was written into the contract, but not otherwise.
You are probably right, but guidance is that you don't, particularly with minimum wage workers, as you could be prosecuted for not paying the minimum wage.

I know the company I work for won't attempt to claim back holiday taken but not accrued.
 

nvingo

Distinguished Member
It's pretty standard on all employment contract's that if one use's more holiday than they have accrued, it will be clawed back from the employee's final pay.
I guess it's possible, depending on notice period (which may not even be worked), pay frequency, and duration of leave, that even withholding final pay might still leave the employee overpaid. And that's not accounting for a dismissal situation.
 

steve1

Active Member
I’ve been advised by citizens advice that when you work on a zero hour contract you have to work 1 year on a accrued holiday scheme and then after the first year the company should use my first year’s employment pay as a average to work out what my daily holiday rate should be in my 2nd year employment
 

Laureline

Well-known Member
I’ve been advised by citizens advice that when you work on a zero hour contract you have to work 1 year on a accrued holiday scheme and then after the first year the company should use my first year’s employment pay as a average to work out what my daily holiday rate should be in my 2nd year employment
But wasn't your problem that you don't have any holiday entitlement in January rather than the pay rate ?
 

nvingo

Distinguished Member
Click on 'report' on your post and choose a reason - mods will be alerted.
Bear in mind the topic might still have discussion value to other members now and in the future.
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Trollslayer

Distinguished Member
Agreed.
 

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