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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50511
Experience:  Qualified Employment Solicitor
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Can a new employee be made to wait 6 months whilst ecruing

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Can a new employee be made to wait 6 months whilst ecruing holiday before taking any paid holiday.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has the employee actually worked there for and what reason has the employer provided for asking them to do this?

Customer: replied 9 days ago.
Started there two weeks ago. They say it protects them from people using hol allowances early and then leaving. They are weekly paid
Customer: replied 9 days ago.
It’s a simple question. I’ve already paid it’s either legal or it’s not
Customer: replied 9 days ago.
I do not want a phone call just the quick simple answer I paid for
Customer: replied 9 days ago.
Otherwise a refund will do

I can certainly answer online, there is no need for a call and that is an automatically made offer so you can ignore it.

Whilst a worker’s statutory holiday allowance starts to accrue from their first day of employment, there are rules that apply in the first year of someone’s employment. Under the Working Time Regulations, an employer is free to only allow a worker to take as much leave as they have accrued up to that date. So let’s say you have only worked somewhere for a month, you would have accrued only 1/12th of your total annual holiday allowance. If you want to take holiday at that time, your employer is entitled to only allow you to take 1/12th of your total allowance.

From the second year onwards, a worker is entitled to take holidays from their total annual allowance, even if they have not accrued it, although the employer still has the legal right to reject specific holiday requests if they do not want the employee taking holidays at specific times.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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