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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Is this legal? Holiday pay

35 replies

Pizzahut345 · 29/08/2023 14:30

I'm resigning from a position after just over a month. They want a month's notice, and I resigned last week so my last day will be late September.
The allowance of holiday is 5.6 weeks per year, and like with many jobs in this industry you aren't allowed to take annual leave over Christmas.
I've got a week's holiday booked which was booked prior to interviewing for this role.
I'm currently on that holiday.
Anyway, I've received this and have never heard this before. Does this mean they will be taking a week's wages off me for taking the week of annual leave? I am really worried.

OP posts:

whitebreadjamsandwich · 29/08/2023 14:31

From when to when does your holiday year run, and how much annual leave have you taken so far in the holiday year?

SecretShambles · 29/08/2023 14:32

Totally normal

LIZS · 29/08/2023 14:32

You will only be entitled to 2 months's worth of AL. If your absence exceeds that they can deduct the balance. Just as had you not taken leave you would be owed whatever you had accrued.

whitebreadjamsandwich · 29/08/2023 14:32

Rereading your OP, you probably won't have earnt 5 days annual leave in the 2 months you've been there, so they won't pay you for the excess annual leave days

BarnacleBeasley · 29/08/2023 14:33

It is normal, but if you'll have worked there for about 9 weeks, you'll have accrued almost a week's worth of holiday by the time you leave anyway I think?

Wakeywake · 29/08/2023 14:33

It's standard, if you have taken more holiday than accrued you've got to pay it back. It's not clear from your op if that is the case or not.

Oysterbabe · 29/08/2023 14:33

I've you've only worked there a month you won't have earned enough holiday so will need to repay some.

Irishstout · 29/08/2023 14:33

You'll have to work out how much holiday you've accrued, I think there's a calculator in the gov website.

But yes, you have to work enough to qualify for holiday, if you haven't then that is deducted from your pay when you leave.

ISeeMisledPeople · 29/08/2023 14:33

It means that they will deduct holiday IF you have taken more than your entitlement.

It is completely normal. If you haven't taken more than your entitlement, then you will be paid for any holidays due but not yet taken.

lanthanum · 29/08/2023 14:33

They won't be deducting the whole week.
If your contract has only lasted 2 months, you're entitled to a sixth of the annual holiday, which is 5.6 weeks. So you're entitled to most of a week. Unless you've had other time off, you'll be losing a day's pay at most.

TarantinoIsAMisogynist · 29/08/2023 14:34

Totally normal. I've never worked anywhere where this has not been the case.

Glitterybee · 29/08/2023 14:34

Yes completely normal, you won’t have accrued enough holiday pay to cover it

baklavagoddess · 29/08/2023 14:34

Yep normal, I had this happen to me, I had holiday and sickness pay taken off my last months wages it was a shock when I only got half my usual wages I honestly didn't know this was a thing

hotchocdrinker · 29/08/2023 14:35

Am I right in understanding that by the time you leave, you will have been in post for 2 months? During those 2 months you will have accrued one sixth of your annual leave entitlement (2 months being one sixth of a full year). If you have 28 days annual leave, this will be accrued at 2.33 days per month worked, so in two months you will have accrued 4.6 days' annual leave. If you are taking a week off (assuming 5 days) then they may take off the equivalent of 0.4 days' pay.

ISeeMisledPeople · 29/08/2023 14:35

Will you have been there about two months by the time you leave? If that's the case, you'll be entitled to pretty close to a weeks holiday.

LostAtTheCrossRoad · 29/08/2023 14:36

It simply means that if you've taken more leave than you are due, pro rata, they can take the excess out of your pay. After two months service you'd be due (2÷12)x5.6 weeks = 0.9 weeks. They might deduct a few hours from your end pay, shouldn't be more than that.

theemmadilemma · 29/08/2023 14:39

Again? This only came up a month ago.

How can so many people be joining the work force not understanding you're not going to get paid for taking holiday you haven't yet accrued?

Fightyouforthatpie · 29/08/2023 14:39

Yes it is normal, and legal.

SM4713 · 29/08/2023 14:39

Unless you have something different to a bog standard contract- then of course they wouldn't pay you for holidays you haven't yet accrued.

Scaryghost · 29/08/2023 14:40

Totally normal

Fightyouforthatpie · 29/08/2023 14:41

theemmadilemma · 29/08/2023 14:39

Again? This only came up a month ago.

How can so many people be joining the work force not understanding you're not going to get paid for taking holiday you haven't yet accrued?

It's not something most people would really give much thought to.
The alternative would be to stop people taking paid holiday they hadn't yet accrued as they do sometimes in the USA.

Crunchymum · 29/08/2023 14:45

I'm surprised you were even able to take a weeks holiday after just a month?

Motherhubbardscupboard · 29/08/2023 14:55

It was also a bank holiday yesterday so assuming this is a normal full time 5 day per week job in England, she will only be using 4 days this week.

SafferUpNorth · 29/08/2023 14:55

... it was a shock when I only got half my usual wages I honestly didn't know this was a thing

Errrrrrrrrr..... geezo. Read your employment contracts, people.

I'm staggered by the level of entitlement here. You can only take leave you've accrued.

LostAtTheCrossRoad · 29/08/2023 15:00

Re bank holiday meaning only four days this week - not necessarily. Minimum wage contracts for example often don't give BHs as extra, you have to cover them from your 5.6 weeks if your working day would normally be on a BH. We don't know the details of the OPs contact but it wouldn't surprise me in the slightest if a contact didn't cover BHs.

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