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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49816
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If i wish to take off annual leave and my company wont let

Customer Question

if i wish to take off annual leave and my company wont let me because they say i need to accrue it after working there for two and a half years. is this correct? They say that the reasons are because if i was to get fired or leave, how would they get that holiday back. I explained that it would be taken out of my week in had or my final pay cheque. But they disagree.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
How long have you worked there now?
Customer: replied 1 year ago.
Sorry, i my internet went down. I have worked there for two and half years, and my leave started on 1st Jan. The i would like to take of the rest of my holiday in July, and its not a busy time at work, and no one has taken time off, so availability is not a issue either.
Customer: replied 1 year ago.
Ive tried to reason with them but is no use.
Customer: replied 1 year ago.
I was always under the impression that you have to accrue, in the first years of full time employment.
Expert:  Remus2004 replied 1 year ago.
Have you taken no holiday at all hitherto?
Expert:  Ben Jones replied 1 year ago.
Hi there the law says that within the first year of employment you can only take leave if you have accrued it so the employer can do that and this is what prevents abise by employees. However after the first year you should be allowed to take leave even if it is not accrued and you are correct that the employer can deduct that from your pay if you were to leave owing then holidays. However the employer does have the right to reject a leave request by law anyway whether you have accrued it or not. So it is still possible that your request may be rejected. This is your basic legal position. I have more detailed advice for you in terms of the law on holidays and how the employer can reject a request, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? I can actually tell you that the advice you have receved on this site on the other quesiton you posted about this is incorrect and will provide you with the specific legislation that confirms this. In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.