where do i stand on holiday pay? - HotUKDeals
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where do i stand on holiday pay?

si_dawg Avatar
banned9y, 3w agoPosted 9 years, 3 weeks ago
basically i started full time work about 3 months ago and from what i have gathered i am allowed 21 days paid holiday. the year is fastly coming to an end and i still have 19 days left. if i take this it will put the business and my friends at work under quite a bit of pressure as its coming up to the christmas period!

i was just wondering where i stand legally if i dont take the holiday? us at work were considering if i didnt actually take any holiday and then just get paid for the days i have left. can i legally demand it?

also some tips would be appreciated on what i should do!

cheers
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si_dawg Avatar
banned9y, 3w agoPosted 9 years, 3 weeks ago
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#1
I believe your employer can force you to take it.

You say that it would put your colleagues under pressure, who said this?
#2
You sure your holiday dont run till march 31st 2008?
#3
i thought that if you dont work the full year then your holidays get reduced accordingly to be a precentage of what you did actually work.
I dont know if your company is the same but mine allowed me to carry a certain amount over until the following year if i didnt take it all so should maybe check with them.
Its very unlikely if you have only worked 4 months that youd be allowed the full holiday entitlement.
#4
Lulu'sMammy
You sure your holiday dont run till march 31st 2008?

Most companies base their holiday on the tax year (or to the nearest full month) rather than the calendar year. check when the year ends before trying to use it all up. At one of my brother's old jobs the holiday was based on when you started and renewed on the aniversary of you starting.
#5
When does the year end with your employer?

Sometimes it's the calender year and sometimes it's the tax year end(April).

Also I would have thought that your holiday entitlement is pro rata to the length of time you have been there ie if you will have been there 6 months by year end you would have been entitled to 11.5 days holiday.

You need to check these things with the personnel dept.
#6
If you have only been employed for 3 months are you completely sure you have got the full holiday allocation of 21 days.

Most employers split the 21 days over 12 months to work out a monthly total of days accrued e.g 21 divided by 12 = 1.75 days per month.

This means that because you have worked 3 months you will only be entitled to a holiday allowance of 3 x 1.75 which = 5.25 days.

I would check with your boss or HR dept for full confirmation.
#7
OP, have you left your computer on and gone for a dump? :?

Answer the questions, you're killing us with your silence. :x
#8
I'd HIGHLY doubt your eligible for 21 days holiday after working with the company for 3 months.

As others have said, check your entitlement OR your holiday year.
#9
If you get 21 days a year, the pro rata for that would be 5 days (+ a quarter of a day) so you would not be entitled to the full 21 days anyway.
#10
also be aware that a lot of companies run a "use them or lose them" policy for holidays. check your contract and with hr.
#11
Heres an idea, why not ask the HR department instead of us lot :giggle: :giggle:
#12
Don't EVER give up your holiday entitlement because it would mean putting your colleagues under pressure - the holidays are part of your terms of service & you are entitled to take them. If it creates problems then it is up to the company to sort them out, not you.

If others behaved like you then no-one would go on holiday & the employers would be rubbing their hands in glee.
#13
si_dawg
basically i started full time work about 3 months ago and from what i have gathered i am allowed 21 days paid holiday. the year is fastly coming to an end and i still have 19 days left. if i take this it will put the business and my friends at work under quite a bit of pressure as its coming up to the christmas period!

i was just wondering where i stand legally if i dont take the holiday? us at work were considering if i didnt actually take any holiday and then just get paid for the days i have left. can i legally demand it?

also some tips would be appreciated on what i should do!

cheers


The entitlement is 21 days per year.
You say you havent worked a year, but 3 months, so you get that plus whatever else until the end of the year.
ie 3 Months + Nov / Dec = 5 months.
5 months holiday pay comes out at 8.75 days which is the total you are allowed this year.
or if its a tax year,
3Months plus 5 till April starts = 8 months
Gives you 14 days holidays.

Unless you have worked there the full year you dont get the full holiday entitlement.
If you worked there part-time before, it gets murky i think, but you should still get the pro-rata entitlement and you should get full days holidays afaik.

Also, take the holidays.
Make use of your benefits, as companies can enjoy trying to get them off you.
They much prefer people to work and get the time just paid to them.
Bad for the workers but good for the company as it keeps up activity/production.
banned#14
sorry been away from the computer alot. in my contract it says i am entitled to 21 days holiday. it doesnt say anything about how long i've worked or anything like that. i think the years ends on the 31st december. i dont have a hr department as im a chef in a bar.

basically im just gonna take it then. dont care what they say if im entitled to take it!!

cheers
#15
si_dawg
sorry been away from the computer alot. in my contract it says i am entitled to 21 days holiday. it doesnt say anything about how long i've worked or anything like that. i think the years ends on the 31st december. i dont have a hr department as im a chef in a bar.

basically im just gonna take it then. dont care what they say if im entitled to take it!!

cheers



Are you sure it doesnt say 21 days PRO RATA

And if you take the holiday they wont be obliged to pay you for any you havent accured.
#16
you might find that you will be paying them back!
#17
OP asks for advice and then completely ignores it!:?
#18
muckypup
OP asks for advice and then completely ignores it!:?


Yup - but will be there loss when the company realise and he owes then because the contract stated pro rate :giggle:
#19
is it a male OP????!!! :giggle:
#20
Becksdawe
Yup - but will be there loss when the company realise and he owes then because the contract stated pro rate :giggle:

or they sack him for taking time off without notice or entitled to!:whistling:
#21
muckypup
or they sack him for taking time off without notice or entitled to!:whistling:



True - if they realise he knew and was taking it intentionally
banned#22
fully in shock at the attitude of you! please close thread
#23
si , it will be pro - rata
#24
I've only used 5 and a half days of my twenty day entitlement. There's no way I'm going to be able to use them before the end of the year so I'm hoping to cash them in too.
#25
si_dawg
sorry been away from the computer alot. in my contract it says i am entitled to 21 days holiday. it doesnt say anything about how long i've worked or anything like that. i think the years ends on the 31st december. i dont have a hr department as im a chef in a bar.

basically im just gonna take it then. dont care what they say if im entitled to take it!!

cheers


You arent entitled to it, thats your yearly allowance.
You havent worked there for a year so it gets scaled to how much you get for the portion of the year you are there.
Otherwise whats to stop someone starting in December, and taking most the month of since they have to use their 21 day holidays.

I goti t that you get 8.75 days, and you say you have used 2, so you only have 6.75 days left.
Give or take a half-day/day depending on when you actually started.

Whoever your boss is will know how much holidays you get.
If you take more time off than you are allowed, you wont get paid for it.
Simple as.

People are just amazed since you seem to be ignoring what people are telling you, as it doesnt fit in with what you falsely believe.
#26
si_dawg
fully in shock at the attitude of you! please close thread


Confusing.

Surely when you "apply" for your holidays your employer wont grant these so there wont be any problem for you.

Of course your entitlement is based on a full year and your pro-rata entitlement is much smaller since you have not been there that long.
banned#27
si_dawg
basically i started full time work about 3 months ago and from what i have gathered i am allowed 21 days paid holiday. the year is fastly coming to an end and i still have 19 days left. if i take this it will put the business and my friends at work under quite a bit of pressure as its coming up to the christmas period!

i was just wondering where i stand legally if i dont take the holiday? us at work were considering if i didnt actually take any holiday and then just get paid for the days i have left. can i legally demand it?

also some tips would be appreciated on what i should do!

cheers


You holiday entitlement is no different from your pay, just because you dont spend it all, dont give them a refund! Same applies to Annual Leave IMHO.

However, you have only been working there for 3 months, therefore only entitled to it on a pro rata basis. I would be very surprised if they allowed you to take the whole lot... but only your employer would know that. What have they told you that you have left? I assume you have asked them?

If they dont want you to take it (and we are asuming your leave runds from January to December) ask them if you can carry it forward if they believe it will beneficial.

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