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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We had an employee wo joined us on the 4th November 2015 on

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We had an employee wo joined us on the 4th November 2015 on a 3 month trial period, during this time he was late several times for work, various comments from site as a little lazy and so was warned.
At the end of the 3 month period we agreed another 3 months trial period to see if his time keeing ect improved. It did for a time but then various reports came in.
On Tuesday of this week he walked off site after a disagreement with a fellow worker and text me that he had resigned without notice.
He now wants Holiday owed to him, during his period of working for us we paid him 8 days Holiday, basically am I by law meant to be paying him more as he claims?
Allan Allsworth
Allsworth Roofing
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you confirm whether the extended probationary period is now over. Please can you also confirm when your holiday runs from within your organisation.
Customer: replied 1 year ago.
Extended period ended 4th May 2016Our Holiday runs from January 1st-31st December
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. Employees are under law entitled to accrue holidays as they work and this is not something you can avoid paying them for. The issue is how much they have accrued and how much is left outstanding at the time their employment terminates. The legal entitlement is 28 days per year for a full time worker who works 5 days a week. This is calculated pro rata as the year goes by. Each holiday year the leave resets and any untaken leave is basically lost. For the period 4 Nov – 31 Dec he would have accrued 4.4 days but these would have expired at the end of that holiday year. In the new holiday year from 1 Jan until his end date of 4 May he would have accrued 9.5 days of holiday. You therefore need to check how many days holiday he has taken in the current holiday year from 1 Jan and deduct these from the 9.5 days he has accrued in that period. Any difference must be paid to him – you cannot avoid paying that I'm afraid.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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