How soon can a new worker take holiday?

One big headache for employers and managers is working out holiday entitlements for new workers.

Let us explore this area to answer your questions.

When does annual leave start to accrue? Do probationary periods have any effect?

Annual leave begins accruing as soon as the worker starts work with you. This means that the right to annual leave is not dependent on the completion of a probationary period.

How soon can employees take leave in their first year?

During the first year of employment, employers may decide to use an accrual system to calculate the worker’s holiday entitlement. In each month, the worker will have the right to one twelfth of their leave. Therefore if the worker wants to take leave within the first few weeks, they may need to wait a bit before they have accrued enough days.

Do they need to provide notice?

Unless otherwise specified in their Contract of Employment or Employee Handbook, the employee should provide you with notice which is at least twice as long as the leave that they are requesting. So if they request one week of leave, they should provide you with at least two weeks of notice.

What about pre-employment booked holidays? Must they be honoured?

Before an employee even begins work, it is common for employers to ask whether they have any holidays booked in and to try and accommodate these requests as best they can.

However, there is no legal duty imposed on employers to respect holidays booked before employment and it may not always be possible to let them go on leave on the proposed dates. For example, there may be times when two or more employees in the same team have those dates booked therefore it is not viable for you to allow a third worker off at the same time as you need to ensure business needs and customer demands are fulfilled. Equally, there may be workplace rules which mean they can’t take those days off – employers may make employees take annual leave at certain times of the year or ban them from taking leave at particularly busy periods.

If you wish to discuss this matter further, speak to your Employment Law Adviser for guidance and support.

Director of Legal Services

James Tamm

Whether you’re facing an immediate challenge or just want the reassurance of an expert second opinion, we’re here to offer clear, commercial advice so that you can focus on what you do best.

Our live Client satisfaction rating is currently:

Last Updated:

Urgent Issue?

Why not take a look through our library of carefully created Employment Law documents and templates to see if we have what you need?

Let's start talking on 0345 226 8393 or complete the form below.

More From EW

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Combating coronavirus | FREE advice and resources for employers

Our Coronavirus Advice Hub is open now. Get instant access to regularly updated guidance, sample policies, template risk assessments and more.
 
Click to explore what’s available.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Get your FREE download

We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment LawHR and Health & Safety support tailored to employers.

Call us on 0345 226 8393.

Hi, how can we help?
Click the button below to chat to an expert.

Is Your Business Based in Scotland?

Go straight to our free sector-specific Risk Assessment Templates for Scottish organisations…
 
Click to explore what’s available.
Error: Embedded data could not be displayed.
Read our Privacy Policy.