HOLIDAY PAY DURING PROBATIONARY PERIOD

HOLIDAY PAY DURING PROBATIONARY PERIOD

What is the minimul legal amount of holiday pay that an employee is entitled to during his/her probationary period? I've been trying to get this answered for quite some time now. An employee is entitled to take holidays from the first day of employment but will the holiday pay-rate be less than that of the normal rate?

What's the case when you have staff with 'zero-hours contract' ? How is the holiday pay calculated during probation?

 

Many thanks

 

Comments

Anna@Rousseau's picture

This leaflet from ACAS may help -

 

http://www.acas.org.uk/index.aspx?articleid=806

 

 

Hi Anna,

 

Thanks for the info. However I already have that leaflet and there is no information regarding holiday pay while on probation. I assume that since most employment rights are valid since day no.1 of employment whether on probation or not, in terms of holiday pay there shouldn't be any differences.

Thanks anyway!

 

 

During the first year of employment you accrue your holiday at 1/12th of the annual amount and by the way the law is drafted employers can enforce that you can only take what you have accrued.

So if you were entitled to 24 days for a full 12 months, then in month 1 there is no holiday that can be taken, in month 2 you have accrued 2 days and can take that 2 days.

Taking the same example and assuming the person started on the 1st day of the holiday year will say that you have 24 days and can take it when ever irrespective of whether you are in your probationary period or not. The risk for an employer in this instance, is if the person takes all their holiday rapidly and then leaves say at the end of a month and without notice.

The one thing an employer can't do (assuming the probationary period is longer than a month) is say you cannot take any holiday in your probationary period as that is breaching the employees rights under the Working Time Directive.

Joanne Jeffery's picture

You / person concerned it entitled to receive payment for their holidays at the same hourly / daily rate as they would for any other normal day.  e.g. if you are paid £5.83 per hour of work you would be paid £5.83 per hour of holidays taken.

 

I hope that makes sense, either way it should be detailed in their employment contract.

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