Where an employee's contract is terminated during his or her probationary period is the employee entitled to holiday pay on termination?

An employee accrues holiday pay under the Working Time Regulations 1998 (SI 1998/1833) from commencement of employment. The contract of employment may provide that no additional contractual holiday entitlement accrues until the probationary period has been completed, but the minimum holiday entitlement required under the Regulations accrues from commencement of employment.

This means that if an employee's contract is terminated during his or her probationary period, the employee is entitled to be paid on termination in respect of any holiday accrued under the Working Time Regulations 1998. Any entitlement to be paid for additional contractual holiday pay will be a matter for the particular contract.