So I started a new job on 7th Dec. Leave entitlement is 28 days plus 6 public holidays. Leave year Jan - Dec. Expected that I would have accrued a couple of days leave to use over crimbo period. Told today that I can't take any holiday in December, because their policy is that leave only accrues from the first of each month, so accrual will not start until 1st Jan. Same when I resign, leave only accrues up to the end of the last complete month of employment.
No mention of this policy in particulars of employment, or staff handbook.
Doesn't seem right to me, I would have thought leave accrual should start/stop from the date employment started/ended, regardless of when in month.
Did a bit of online searching, and it does seem to be a bit of a grey area. Found some quotes on ACAS, and Direct.gov.uk that seem to support my view, and that as a statutory right, holiday accrues from first day of employment, but my scenario is only indirectly addressed.
Plus this from The Working Time (Amendment) Regulations 2001, which confuses me.
" Leave during the first year of employment
15A. - (1) During the first year of his employment, the amount of leave a worker may take at any time in exercise of his entitlement under regulation 13 is limited to the amount which is deemed to have accrued in his case at that time under paragraph (2), as modified under paragraph (3) in a case where that paragraph applies, less the amount of leave (if any) that he has already taken during that year. (2) For the purposes of paragraph (1), leave is deemed to accrue over the course of the worker's first year of employment, at the rate of one-twelfth of the amount specified in regulation 13(1) on the first day of each month of that year.
(3) Where the amount of leave that has accrued in a particular case includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day and as a whole day if it is more than a half-day.
(4) This regulation does not apply to a worker whose employment began on or before 25th October 2001."
Can anyone help me understand this? What is my statutory position? Do I have a case?
Also need to be careful, as a new employer and don't want to rock boats, so advice on how to handle it appreciated also.