Accrued Holiday Entitlement System - After the 1st Year

[Guest]

Hello all,

wondering if anyone can point me to some information on the subject of the accrued holiday entitlement system?

My current employer states that we cannot take or be paid for holidays where we have not already accrued them. This ends up that people on this contract can't take their holidays until December because they have not accrued their full entitlement to take them and be paid for them.

It is my understanding that this can only be the case during the first year of employment..

" Accrual system

An employer can use an accrual system to work out a worker’s leave during the first year of the job. Under this system, a worker gets one-twelfth of their leave in each month.

"

https://www.gov.uk/holiday-entitleme...ve-entitlement

However, I cannot find any written evidence to say that they cannot do this in the second year. The statement from the GOV.UK site imply that this is the case? I think..

Does anyone have any information on this subject they can share?

many thanks in advance.

[ULA]

The accrual system is generally used in the first year of employment when a new employee may only be entitled to ?/12 of the annual leave entitlement depending on when they start in the holiday year.

From year 2 onwards almost all workers are legally entitled to statutory 5.6 weeks’ paid holiday which equates to 28 days i.e. 20 days plus 8 bank holidays, although companies may give more than statutory. Normally, in years 2 onward, staff will effectively have the full year's entitlement at the start of each holiday year to use over the year. To safeguard employees overtaking holiday in the year of leaving there is normally a clause in employment contract to allow an employer to recover overtaken holiday that has not been accrued at the time of leaving from final salary.

Not sure if this answers your question, if not just come back to this thread with further questions.

[bogart_sci]

Hello,
I am wondering what the exceptions are where you have stated 'almost all employees..'
"From year 2 onwards almost all workers are legally entitled to statutory 5.6 weeks’ paid holiday.."

Also, I have approached our HR department to contest this rule in our contract. Who have simply avoided providing any information. What is the best route forward to contest this further? If I am to request the information in a formal manner is there a proper way to do so for these types of request for information?
My original request to HR was that the Holiday Accrual system could only be used in the first year of employment, and provided the link to the Scottish Government website. I asked for information on where they could show that it was legal to continue to use this accrual system every year. If I am to request this information again, is there a format to use to make it more official? For example... under the such and such act of xxxx I am requesting information on the following ... and require this information to be supplied freely within xx days of receipt of this email.. Doe the Freedom of Information Act cover this, or the GDPR?

Anyways, appreciate that this has been a while since responded to. I am original poster.. and looking to follow this up again. Nothing has changed with the contract at my place of work, and do not think this should be allowed.

Thanks

[ULA]

It would be helpful if you can post up the clause in your contract related to holiday. Many thanks