Holiday Entitlements During Probation Period

armadillo86

Hi guys, I started a new full time job in September and am currently on 6 months probation. I requested one day as a holiday today but was told I'm not entitled to holidays until my probation is up i.e March... Is this information correct? Seems a little bit unfair.

smcgiff

Karbolt wrote: »

Hi guys, I started a new full time job in September and am currently on 6 months probation. I requested one day as a holiday today but was told I'm not entitled to holidays until my probation is up i.e March... Is this information correct? Seems a little bit unfair.

No it's not correct. You are fully entitled to statutory holidays during probation. You earn approx 1.67 days holiday per month if you are full time.

seventeen sheep

It's legal, as far as I know. It's fine to disallow holidays for certain periods, so long as employees can take them at some stage in the year.

It's logical to keep annual leave at a minimum for employees during the probation period - after all, they are still assessing you - it does seem excessive not to allow holidays at all, though, especially seeing as you're still accruing them and it means you'll be on leave quite a bit once your probation ends. But I don't think there's much you can do about it if that's their policy. Unless there's someone above your manager you could approach? (Depends if it's worth "rocking the boat" as such, though ...)

Crunchienut

You have an entitlement to 4 weeks paid holiday in a full year so by the time your probation ends you will have accrued 2 weeks holiday. It is however up to your employer to decide when leave may be taken but in doing so should take into account your personal circumstances such as family commitments, etc.

So to answer your question, unfair it may be but your employer is not doing anything wrong by scheduling holidays to suit the needs of the business

seventeen sheep

smcgiff wrote: »

No it's not correct. You are fully entitled to statutory holidays during probation. You earn approx 1.67 days holiday per month if you are full time.

My understanding would be that the holidays accrue as usual during probation, but that the employer doesn't have to allow the employee to take the annual leave until probation is over? (Most would, but legally, I think that would be right?)

smcgiff

seventeen sheep wrote: »

It's legal, as far as I know. It's fine to disallow holidays for certain periods, so long as employees can take them at some stage in the year.

It's logical to keep annual leave at a minimum for employees during the probation period - after all, they are still assessing you - it does seem excessive not to allow holidays at all, though, especially seeing as you're still accruing them and it means you'll be on leave quite a bit once your probation ends. But I don't think there's much you can do about it if that's their policy. Unless there's someone above your manager you could approach? (Depends if it's worth "rocking the boat" as such, though ...)

Ah, I see what you mean. He can accrue them, but not take them.

There's a statement where an employee has to agree with their employer about when he can take his holidays, but the employer cannot refuse a reasonable request. Something along those lines. Stand to be corrected. I would think not allowing an employee to take holidays for six months would be considered unreasonable. Whether the OP wants to rock the boat during probation is another question.

Crunchienut

seventeen sheep wrote: »

My understanding would be that the holidays accrue as usual during probation, but that the employer doesn't have to allow the employee to take the annual leave until probation is over? (Most would, but legally, I think that would be right?)

You are correct

smcgiff

annual leave
It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer.

6 months is excessive, but the OP is on probation, and may not want to push it.

armadillo86

Thanks for the replies everyone. I think I'll leave it and just lose the day's pay for that week... They're allowing me to take the day off but not get paid for it. Not worth rocking the boat over one day. Good to know where I stand though. Thanks again.

Hyzepher

Karbolt wrote: »

Thanks for the replies everyone. I think I'll leave it and just lose the day's pay for that week... They're allowing me to take the day off but not get paid for it. Not worth rocking the boat over one day. Good to know where I stand though. Thanks again.

This is a different matter altogether.

You are entitled to accrue the holidays, even while on probation. They can restrict when you take holidays - they are not allowed to give you time off but notallow you to use your accrued leave.

Ask them are they accruing your leave while on probation

Mrs OBumble

Hyzepher wrote: »

They can restrict when you take holidays - they are not allowed to give you time off but notallow you to use your accrued leave.

Can you give us a link for that, please?

I know that some companies have policies about not being able to take unpaid leave if you have any outstanding accrued leave, but hadn't heard about legal requirements around this.