Barmaid Can You Advise Me

[queenofmean]

My Dad's work contract states that paid holidays must be 'earned' and if he hasn't worked the right amount of hours he can't have paid holidays. I thought paid holidays was a statutory right in Paid Employment (this is in Scotland by the way).

I think my dad's boss is the wrong here.

[sebhfhion]

http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm

[woofgang]

qom, until barmaid comes along, here in the UK, it kind of works the same way in that paid holiday entitlement depends on the number of hours that you work and on having worked them within the year. If you only work half the hours of a full time job then you are only entitled to half of the holiday.
Employers are usually generous and allow people to take paid holiday in the expectation that they will work enough hours in the year to cover the holiday, its only an issue in the year that you leave. If you leave before you have worked enough hours in the year to cover the holiday that you have taken then the firm are entitled to take the appropriate amount out of your final salary payment. they may not do so, but unless it says something else in your contract, then they can. What does your dad's contract say about it? It sounds like the firm are saying that he has to accrue leave by working before he can take it.

Actually when my DH was in the merchant navy (oil tankers but it worked the same everywhere) it worked the same way. When you were working, you accrued leave at the set rate and then you took it when you left the ship. When you had used up your paid leave, then you could go off pay or go back to sea. Sometimes the company would want you back on the ship before you leave was up and you either could save the leave or sell it back to the company.

[friedgreentomato]

Barmaid is currently partaking in an AB break.

[sara3]

Barmaid is taking a bit of time away from AB.. sorry

[queenofmean]

That's ok anybody else that can help is more than welcome to contribute.

Thanks for the link and the info Woofgang :)

[factor-fiction]

I think the contract is acceptable. In my experience companies do expect you to earn holidays before you take them, although the better companies are flexible and won't stick to it rigidly.
I can see, for example, why an employer wouldn't want someone who starts in January to take all their annual entitlement by March, in case they leave or need more time off later

[woofgang]

In the NHS, you can take leave before you have earned it but its up to the individual manager to decide how much is reasonable and, as I have said, when you leave any leave taken but unearned will reduce the final salary payment. If you need more time off after all leave is used up then again it needs to be negotiated and may be not allowed, allowed as unpaid or allowed as paid.

[buildersmate]

Wolfgang is correct and there is nothing unlawful about this contract wording. Holidays are a statutory entitlement but you only accrue that entitlement in proportion to no. of weeks worked in the holiday year. Hence there is nothing to prevent an employer stipulating that day's cannot be taken ahead of that earned. However most employers are flexible.

[chrisgel]

I have come across this a couple of times in the last few years and it always struck me as odd. If the company is saying that you can't have holidays until you have accrued them then the logical consequence is that everone is going to be having December the 31st off. Thats if your holiday period is Jan - Dec.