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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49825
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I employed someone on a trial basis months - without a

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I employed someone on a trial basis for 3 months - without a contract. After 2 months I decided not to employ her on a permanent basis. I let her go off at the beginning of the third month - on gardening leave - and paid her up tp the end of the month. Our staff are paid monthly via BACS and get payslips. She now claims that she is owed holiday pay for the three months (our contracted staff get 22 days a year plus statutory holidays). Is she correct, even though she was on a trial without a contract?
Did she take any holiday?
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Regardless of whether she was working on a trial basis or without a contract, she would have accrued holidays by law. This is not something you choose and as long as they are a worker, it rally dos not matter if they were on a trial or no contract was in place. So I am afraid she is correct on this point and she would have accrued holidays for the time she worked for you. You only need to give her the minimum statutory entitlement, which is 28 days for a full time worker, which is calculated pro rata. There is actually a useful tool you can use to calculate her entitlement here: I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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