Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Has your employer confirmed whether you have accrued any holiday to date? Please can you also tell me whether this a part time or full time position? Thank you
OK, thank you for your response. As we are practising lawyers and do this in our spare time there may be a slight delay in getting back to you as I have been in the final day of a complex trial today which should be finishing shortly. Rest assured that I am dealing with your query and will respond as soon as I can, no later than tomorrow at the latest. 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 for your understanding
Many thanks for your patience. Whilst your understanding is correct, this does not apply in the first year of employment. So in that first year the employer can require you to accrue the holidays first before you are allowed to take them or get paid for them. Once you have gone over that first year you are allowed to take the holidays even if you have not yet accrued them and get paid for them. If you then leave and have taken more than what you had accrued, the employer can deduct the extra from your wages on leaving. However, in the first year the rule under the Working Time Regulations is that you must have accrued the holidays before you get paid for them.
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