Probation period and holiday entitlement

Probation period and holiday entitlement

Is it within law to include in the contract of employment of new employees that they are not eligible to holiday entitlement during probation period (3 months in our case)?
Katrina Smith


To add to Iain's comments, you can prevent holiday being taken during the three months probation only if the three months doesn't cross the end of the employee's holiday year.

If it does, the employee must be allowed to take the minimum statutory holiday accrued during the time between their start date and the end of the holiday year. This cannot be carried forward, nor paid in lieu.


I would say it is a breach of the working time directive for them not to earn holiday entitlement.

Having said that what is probably legal is for them not to be able to take holidays during probation but for them to earn entitlement during this period.

Back to top Back to top