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Annual leave entitlement during trial period/ legnth of trial period

Annual leave entitlement during trial period l...

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My daughter was employed as a single employee in a childrens play gym. She was on a trial for 2 months (as stated in the contract). After 7 weeks she received a text on the way home telling her she was not what they were looking for and not to come back.

I would expect 2 months to mean two calender months or at least 8 weeks - does she have any entilement to pay for the remaining period although unworked.

Also does she have any entitlement to any pay in lieu of leave - although she wasnt allowed to take any did she earn some?

Thanks
Peter

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By Duncanchandler
21st Nov 2011 10:16

If she had been employed for 7 weeks, she would be entitled to one weeks pay in lieu of notice. In terms of holiday she accrued holiday from the day she started with her company, which is based on complete months. Therefore she is entitled to be paid one twelth of of the holiday entitlement based on when she finished. 

If the company does not then they would be making an unfair deduction from wages

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By michaelakelly
21st Nov 2011 17:01

Employees start to accrue annual leave from day one, it is not based on completed calender months.  If your daughter works 5 days a week she is entitled to 5 x 5.6 weeks (minimum annual leave)/ 52 weeks in a year x the 7 weeks she worked.  This works out to 3.8 days.

 

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By cazzie55
05th Jan 2012 14:41

Hi Peter,

The posts around her annual leave are correct, she is entitled to accrue leave from day one up to the day she left. She should also have been paid up to her last day of employment and potentially may be entitled to notice pay.

You mention she had a contract of employment. This should have outlined her annual leave entitlement. It also should have outlined whether or not she would be entitled to notice for termination of her contract. It may be that during the early days (or during the trial period) of the contract it could be terminated without notice, but the contract would confirm. If she was entitled to notice, she should ask for payment of this (and for the holiday accrued) and if they do not pay, claim for breach of contract and/or unlawful deduction of wages. She could also claim for unlawful deduction of wages if they refuse to pay her holiday pay as that is a statutory entitlement regardless of whether or not it is specified in her contract.

I hope that helps.

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