CAB: Your Questions Answered

I have been working at a local shop for the last three months. I want to take a holiday next month but my contract says I am not entitled to paid holiday until I have worked there a year. Is this legal?

Your employer is breaking the law. Nearly all workers currently have a statutory right to four weeks' paid holiday each leave year (pro-rata for part-time workers). NB this can include bank holidays. During the first year of employment, the amount of paid holiday that may actually be taken at any one point usually builds up monthly in advance at the rate of one twelfth of the annual entitlement each month. So you would be able to take one week since you have worked there for three months. Nevertheless the employer can still specify exactly when you take your holidays.

If your contract tries to give you less paid holiday than the statutory entitlement, the statutory entitlement applies, even if you have signed the contract.

I have heard that holiday entitlement is due to go up this year, is this true?

From October 2007 the minimum paid holiday your employer has to give you is going up to 24 days a year (from 20). However this can include bank holidays, which means that if you're already getting 20 days holidays, plus bank holidays, you won't be entitled to any more. Minimum paid holiday for part-time workers is also going up, but will depend on how many days you work a month. Some employers may be able to give you extra pay instead of the additional holidays, but only until 1 April 2009 when the law will change again. From 1 April 2009, employers will have to give a minimum of 28 days a year paid holidays; again this can include bank holidays.

For more information see www.adviceguide.org.uk or contact Windermere CAB (above the library) 015394 46464