Annual leave entitlement

[Angela Magee]

Hi I'm new to here so please forgive me if this has been asked before. I read through the forums and seen variations of the same issue but wonder if anyone could help me?
I consider myself to be a very fair employer and ensure that all of my staff get everything that's entitled to them. As we come up to the end of the summer leave period there are a few staff members who have used more annual leave (as in paid hours) than they have accrued. Some of these staff are fairly new and I'm worried that they may leave owing the company money that I believe i cannot recover. We work on an accrual basis but I have been quite lax in the past by paying them annualised eg the 5.6 weeks allocated at the start only to have my fingers burnt. So i have recently tightened things up by paying only what is accrued but I have a feeling this is starting to cause some discord which is the last thing i want. Is there another way?
Thanks in advance for any advice

 

[SteveHa]

Why do you think you can't recover holidays paid but not accrued if the employee leaves? Deduct from final pay, job done.

 

[Angela Magee]

Why do you think you can't recover holidays paid but not accrued if the employee leaves? Deduct from final pay, job done.

Thank you for replying. I was under the impression that this was called unauthorised removal of funds or similar?

 

[SteveHa]

Have it built into the contract of employment. It's a common scenario.

 

[Angela Magee]

Have it built into the contract of employment. It's a common scenario.

Thank you so much! I did not realise it would be so simple. I have employment lawyers so I will ask them to do this for me. Thanks again!

 

[GURUCLOUD]

Fairly standard in any employment contract - should be in if you've had these drafted professionally if not, maybe time to find a better solicitor!

 

[Newchodge]

In the first year of employment you can restrict paid leave to the amount accrued, but bear in mind that accrual takes place at the beginning of each month, so on day 1 they are entitled to 1 month's holiday pay, on day 1 of month 11 they are entitled to 12 month's worth - so they can take a year's entitlement within the year. From year 2 they are entitled to the full 5.6 weeks from day 1, although you can control when they take leave.

Your employment contract should include a clause that you can recover the value of any holiday taken in excess of accrued entitlement at the date of termination. This should have been in your contracts already if they were professionally drafted.

 

[Angela Magee]

In the first year of employment you can restrict paid leave to the amount accrued, but bear in mind that accrual takes place at the beginning of each month, so on day 1 they are entitled to 1 month's holiday pay, on day 1 of month 11 they are entitled to 12 month's worth - so they can take a year's entitlement within the year. From year 2 they are entitled to the full 5.6 weeks from day 1, although you can control when they take leave.

Your employment contract should include a clause that you can recover the value of any holiday taken in excess of accrued entitlement at the date of termination. This should have been in your contracts already if they were professionally drafted.

Thank you Cyndy!

 

[Jason Howard]

5.6 days per day worked in a week

 

[Newchodge]

5.6 days per day worked in a week

Great. so if someone works 1 day in a week they get 5,6 weeks holiday? Yeah, right.

 

[FC@Agency]

Great. so if someone works 1 day in a week they get 5,6 weeks holiday? Yeah, right.

They mean you get 5.6 days of holiday for each day of your working week - so if your standard working week is 5 days per week, you annual entitlement will be 28 days holiday.