We currently have a six-month probation period. We are a small firm and I have six new employees which makes up a third of the staff. Are they entitled by law to take holiday during the first six months, in terms of one or two days? They are only allowed to carry five days over to the next holiday year, however they will be entitled to 10 for this year.
Martin Brewer, partner, Mills & Reeve
You need to differentiate between the amount of holiday an employee has and the time at which it may be taken. All full-time employees are entitled to a minimum of 28 days’ holiday each year in accordance with the Working Time Regulations (WTR). Provided they are allowed to take that holiday in the holiday year, exactly when they take it is a matter for management discretion. Unless the employee has been sick and unable to take all of their statutory holiday, no carry over is allowed under the WTR, nor is any payment in lieu allowed for untaken statutory holiday.
* * *
Esther Smith is a partner in Thomas Eggar’s Employment Law Unit. For further information, please visit Thomas Eggar.