Can anyone help me! re holiday entitlement

27 replies
Found 31st May 2008
My contract states 20 days annual leave plus paid bank holidays this was issued in Aug 07. I was under the impression this at the time was minimum they had to give under government guideline. This was risen to 24 days in Oct 07. Does this mean that they have to increase it to 24 now and kepp my bank holidays as extra?asmy contract states they are EXTRA. I need to know for definate if this is the case?

  1. Misc
  2. Holiday
24 Comments

Original Poster

boydent999;2214589

Direct Gov



used that thanks it don't point out if they have to change ur contract it states 24 days but my contract states 20 when i signed it need to know if they have to give me 24 plus bank hols

nope they can take bank holidays out of your entitlement
direct.gov.uk/en/…642

Original Poster

wolf359;2214595

nope they can take bank holidays out of your … nope they can take bank holidays out of your entitlementhttp://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10034642




Yeah i know that but my contract states they are extra

your contract says they are extra to the 20. if it said you were "entitled to the legal minimum (currently 20 days) plus bank holidays" then you'd have a case.

Why are you asking here? Ask your HR department.

Some companies have done this, but it is frowned upon. Don't think I'd like to work for a company that treats its staff that way.

Just as an extra note If you are made to work bank holidays you can get out of working Xmas day, good Friday and easter Sunday by writing in advance to your HR department saying you require them off for religious reasons.

more and more companies are tightening their belts by including bank holidays in their entitlements. sign of the times

Original Poster

GAVINLEWISHUKD;2214640

Why are you asking here? Ask your HR department. Some companies have done … Why are you asking here? Ask your HR department. Some companies have done this, but it is frowned upon. Don't think I'd like to work for a company that treats its staff that way.Just as an extra note If you are made to work bank holidays you can get out of working Xmas day, good Friday and easter Sunday by writing in advance to your HR department saying you require them off for religious reasons.



if you knew thje company i worked for well!!! HR THEY ARE BUNCH OF IDIOTS THAT TAKE MONEY OFF YOU FOR ANYTHING AND EVRYTHING!!

Original Poster

wolf359;2214610

your contract says they are extra to the 20. if it said you were … your contract says they are extra to the 20. if it said you were "entitled to the legal minimum (currently 20 days) plus bank holidays" then you'd have a case.



Thank you thats exactly what i meant!

Well as legal law supercedes contact law looks like your out of luck.

Please name and shame this company.

You can get out of working Xmas day, good Friday and easter Sunday by writing in advance to your HR department saying you require them off for religious reasons. These can be unpaid you dont need to use your holiday entiltlement.

np
what is the wording on your contract? i used to work in HR a loooonnnnnggggg time ago, back when it was still personnel

GAVINLEWISHUKD;2214687

Well as legal law supercedes contact law looks like your out of luck.



not strictly true.
the legal minimum is in force if your contract is less ,but if your contract states more then the legal minimum then thats enforcable as well. they can change your contract but only if you agree to sign a new one, if you don't then their only alternative is to make you redundant, with all the legal hoops that then entails.

Checked with my friend who's in HR. You're getting a total of 28 paid days holiday, how they word it in the contract is irrelevant, you're getting more than the legal minimum so they don't have to increase it. Prior to October 07 employers had to offer 12 days plus bank holidays, now it's 16 days plus bank holidays. In my experience, many, many workers get 20 days plus bank holidays and as far as I know no one has had their entitlement increased since October 07. Sorry if this isn't the news you were hoping for!

chrysha;2215030

how they word it in the contract is irrelevant



incorrect
a contract is a legally binding agreement. it cannot be changed without the written agreement of both parties. if the wording is "the current legal minimum plus statutory bank holidays" then that is what they have to provide. if however the wording is "20 days plus statutory bank holidays" then he/she hasn't got a leg to stand on.

its the same with all terms of the contract. if they want to change it they have to ask, negotiate and if all else fails and you refuse to sign they can make you redundant. but they cannot simply change the terms of your contract without your agreement.

loads of employers don't issue contracts for those very reasons. but if you don't have one then the law dictates that your contract is at the legal minimum standards.

from the government website linked earlier

You have no right to additional holiday, even if it's unpaid, unless your … You have no right to additional holiday, even if it's unpaid, unless your contract provides for it. Your employer can set their own rules on any holidays they give over and above the legal minimum. Your employer is not allowed to give you less than the legal minimum.

wolf359

incorrecta contract is a legally binding agreement. it cannot be changed … incorrecta contract is a legally binding agreement. it cannot be changed without the written agreement of both parties. if the wording is "the current legal minimum plus statutory bank holidays" then that is what they have to provide. if however the wording is "20 days plus statutory bank holidays" then he/she hasn't got a leg to stand on.


You're right - from what the OP said, I assumed that the contract said 20 days plus bank holidays, this would have the same meaning as 28 days including bank holidays. I've seen contracts where the wording is 'the current legal minimum', I've never seen one that says 'the current legal minimum plus bank holidays' but if it does then her holiday entitlement would increase!

the OP hasn't actually said what the contract said

wolf359;2215841

the OP hasn't actually said what the contract said


My contract states 20 days annual leave plus paid bank holidays

:whistling:

Banned

kate50dadford;2214592

used that thanks it don't point out if they have to change ur contract it … used that thanks it don't point out if they have to change ur contract it states 24 days but my contract states 20 when i signed it need to know if they have to give me 24 plus bank hols



Nope. The law was changed to protect employees getting round the minimum 20 days and including those 8 BHs. ie you only really got 12 days to chose.

This year it is a transition and basicaly means employers can give no less than 24 days including BH. From next year, that increases to 28.

I kinda feel a lttle cheated by this! The union fought to get my entitlement and has always been part of salary negotiations. Me thinks we should also be given those extra 8 days - or salary backpay for the years of negotiations now missed! (By virtue of the extra days now being a legal requirement!)

Like thats gonna happen!

Banned

chrysha;2215030

Checked with my friend who's in HR. You're getting a total of 28 paid … Checked with my friend who's in HR. You're getting a total of 28 paid days holiday, how they word it in the contract is irrelevant, you're getting more than the legal minimum so they don't have to increase it. Prior to October 07 employers had to offer 12 days plus bank holidays, now it's 16 days plus bank holidays. In my experience, many, many workers get 20 days plus bank holidays and as far as I know no one has had their entitlement increased since October 07. Sorry if this isn't the news you were hoping for!



Just one thing to add. From next year, that minumum will go up to 20 days + 8 BHs.

That will be a legal requirement for all employees. Of course some contracts will involve working on BHs, but they would not be allowed to give less than the statutory 28 days from next year.

guv;2216295

Just one thing to add. From next year, that minumum will go up to 20 days … Just one thing to add. From next year, that minumum will go up to 20 days + 8 BHs.That will be a legal requirement for all employees. Of course some contracts will involve working on BHs, but they would not be allowed to give less than the statutory 28 days from next year.


Didn't know that - when next year? Unfortunately, none of this applies to me, I'm freelance, so no paid holidays. :cry::cry::cry:

chrysha;2216196

:whistling:


i know that but we asked this afternoon for the exact wording, as "my contract states" could mean an interpretation and not the exact wording

Banned

chrysha;2216310

Didn't know that - when next year? Unfortunately, none of this applies to … Didn't know that - when next year? Unfortunately, none of this applies to me, I'm freelance, so no paid holidays. :cry::cry::cry:




Haha. But I bet you get other nice perks!!

]There you go!

The basics of holiday rightsThere is a minimum right to paid holiday, but … The basics of holiday rightsThere is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are:you are entitled to a minimum of 4.8 weeks ([COLOR="Green"]from 1 October 2007[/COLOR])the entitlement will increase again to 5.6 weeks from [COLOR="Purple"]1 April 2009[/COLOR]those working part-time are entitled to the same level of holiday pro rata (so 4.8 then 5.6 times your usual working week)you start building up holiday as soon as you start workyour employer can control when you take your holidayyou get paid your normal pay for your holidaywhen you finish a job, you get paid for any holiday you’ve not takenbank and public holidays in Britain and Northern Ireland can be included in your minimum entitlement




4.8 weeks equates to 24 days.
5.6 weeks equates to 28 days.

Original Poster

thanks for finding out for me chrysha rep added!

Original Poster

wolf359;2216363

i know that but we asked this afternoon for the exact wording, as "my … i know that but we asked this afternoon for the exact wording, as "my contract states" could mean an interpretation and not the exact wording




That is the exact wording on my contract!
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