Is holiday accrual calculated within continuous employment.

[pmcalinden]

Brief overview.

Began employment in a role within a startup business. Two chaps behind it very entrepreneurial and recently sold another business for 8 mill. On this success they essentially started the firm as a way of seeing out there contractual grace period before re-entering into their former industry.

Not your normal startup 8 employees to start and a hefty investment on a propriety system. Long and short at launch the firm was not achieving what was expected. First week trading was targeted at £1900 a day. They actually obtained £300 for the week gross. Obviously not what they had expected.

On Tuesday was informed by telephone that my employment was being terminated, one day short of a one month calendar continuous service and within a probationary period thanks for coming. Not ideal as turned down two other roles for the job and did by in to the dream a touch.

My query is two part -

Firstly - Should I not be given written confirmation of termination? If so does that have a bearing on my termination date?

Secondly - Is the holiday time that I would have accrued to date taken into account when calculating continuous employment, this would obviously have a bearing on weather I receive a weeks payment in lieu of notice.

Many Thanks to anyone who could offer any advice.

[Amethyst]

Re: Is holiday accrual calculated within continuous employment.

Do you know if the same is happening with the other 7 employees ? Seems a bit quick to throw the towel in after 1 month because their projections were too high. It takes time for a business to get going.

Rights wise, under a month there's not normally any notice period nor any right to a notice of dismissal. Did you get a contract of employment at all ? ( they don't have to until after two months )

On this success they essentially started the firm as a way of seeing out there contractual grace period before re-entering into their former industry.

Were you aware of that before taking the job ? Kind of rings some alarm bells as to the longetivity of the job.
Any shareholding ?

[pmcalinden]

Re: Is holiday accrual calculated within continuous employment.

I was unaware until yesterday that at least two other people have a had their contracts terminated.

No contract of employment. Offer letter with start time, salary and holiday entitlement. I understand the notice period is not required under a month hence my query, as I was one day short of this period but had accrued two days of holiday does this equate to a month and a day of continuous employment or one calendar month minus a day with two days holiday entitlement.

"Were you aware of that before taking the job ? Kind of rings some alarm bells as to the longetivity of the job.
Any shareholding ? "

I was, its in a related industry so was actually seen as a potential advantage when the period arose.
No share holding.

Thanks for the prompt reply.

[Amethyst]

Re: Is holiday accrual calculated within continuous employment.

Mmmm holiday pay accrual - if the two days were applied then you'd be entitled to a notice of dismissal and one weeks notice ( or pay in lieu) so presumably that's why you are asking. Just asking someone to look in on that.

Otherwise might be worth giving ACAS a buzz - http://www.acas.org.uk/index.aspx?articleid=1410

[pmcalinden]

Re: Is holiday accrual calculated within continuous employment.

That's correct, sorry if a little convoluted in the way that the question was posed.

Thanks so much, given the timing may sound trivial but does all feel slightly sullied.

[Amethyst]

Re: Is holiday accrual calculated within continuous employment.

I'm not surprised you are peeved by it.

The two jobs you turned down, any chance of picking those back up again ?

[ULA]

Re: Is holiday accrual calculated within continuous employment.

Holiday is accrued from the start of your employment. However it is not something that can be added on to effectively extend your period of employment and in your situation tip you over into being employed for a month, thereby giving you the contractual right to one weeks' notice or pay in lieu. You do however have the point to raise of ensuring that you are paid for any accrued holiday from your start date as part of any salary owing to you.

[pmcalinden]

Re: Is holiday accrual calculated within continuous employment.

Dang! Not quite the news I was hoping for but appreciate the reply. On reflection I suppose the difference should it be taken into account is only five days but given the way it's been handled I think peeved and then some is a fair description.

Thanks very much to you both for the prompt replies. It served as good CV update distraction.

[ULA]

Re: Is holiday accrual calculated within continuous employment.

Sorry not to bring better news. It may be worth following up Amethyst's suggestion and going back to the other two companies you had job offers from to see whether they are still looking.

[pmcalinden]

Re: Is holiday accrual calculated within continuous employment.

Don't apologise! Your giving me free advice and don't make the laws! simply imform dullards like me.

Have explored, unfortunately a three week break before the new/old job started means that I am now returning to them after seven weeks! do have an interview for Monday however though with a large, stable insurer so fingers crossed it will all end well.

[ULA]

Re: Is holiday accrual calculated within continuous employment.

Good luck hope you find something soon.