new holiday entitlement

[ANDENA]

is the new holidays that came into force 1st of oct law

[Goldlady]

Oh yes. You are now entitled to 24 days (going up to 28 in April I believe) which means you can get paid for bank holidays as well as having 20 days a year holiday.

[ANDENA]

Originally Posted by Goldlady

Oh yes. You are now entitled to 24 days (going up to 28 in April I believe) which means you can get paid for bank holidays as well as having 20 days a year holiday.

we thought that but our boss said we are only allowed 15 days plus bankholidays also we have been employed with company for nearly 3 years and have not been given contract.what happens if bank holiday falls on weekend do they owe us a day.thankyou for advice

[cal37]

Under the Working Time (Amendment) Regulations 2007,from 1 October 2007 all workers have a statutory right to at least 4.8 weeks paid annual leave (that's 24 days paid holiday if you work five days a week).This entitlement will increase again to 5.6 weeks from 1 April 2009.

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 work

Your employer can control when you take your holiday

You get paid your normal pay for your holiday

When you finish a job, you get paid for any holiday you’ve not taken

Bank and public holidays in Britain can be included in your minimum entitlement

Although many workers take time off work on bank and public holidays, your employer is not required by law to allow you time off work on these days. However, the terms and conditions of your contract of employment may give you this right, either with or without pay.

There are special rules for shop-workers in England and Wales who work in large shops (over 280 square feet). If you work in one of these shops, you must be given Christmas Day off, regardless of which day it falls on. However, whether or not you will be paid will depend on your contract of employment.

Ask your employer for a copy of your contract, you have a right to have a written contract and he can not refuse to give you one.

[Weird Al Yankovic]

Originally Posted by cal37

Although many workers take time off work on bank and public holidays, your employer is not required by law to allow you time off work on these days. Unless the employee works for a bank of course. And be paid.

Ask your employer for a copy of your contract, you have a right to have a written contract and he can not refuse to give you one.
Not true.

A written contract of employment is not obligatory and an employer is well within their right to refuse one.

What must be provided is a Written Statement Of Employment Particulars.

This is not the same as an employment contract and to advise otherwise is misleading to those who are unaware.

....

[ANDENA]

Originally Posted by Weird Al Yankovic

....

we all had contracts to read and sign and then they took them back we did ask for copies but did,nt recieve them, this new holiday entitlement means we must see what our contract reads. our superviser has seen contract with 15 days and additional holiday.

[bazak1]

i have been on 28 days paid leave plus bank holidays for nearly three years now. i think this will certainly improve things a bit, but would be even better with a minimum wage increase for those really suffering

[Jeanjaquessmoothie]

But thats not the issue at hand bazak

The minimum entitlement is 24 days at the moment, which CAN include bank holidays. (so 16 days + bank holidays if your employer makes you use your holiday for these days)

This assumes you are working 5 days a week

[bazak1]

i think every workplace uses its own variation on these holiday entitlements. it's a bit of a minefield at the mo'

[cal37]

Originally Posted by Weird Al Yankovic

....

Written Particulars – Section 1 Employment Rights Act 1996

Under the Employment Rights Act 1996, after 2 month’s service all employees are entitled to a written statement of terms and conditions of employment. This is usually incorporated into a contract but a contract is not a necessity. The statement of terms and conditions must contain the following information as a minimum:

The names of the employer and the employee

The date on which employment began and when continuous employment began (for example any previous employment which counts towards continuous service)

The rate of pay, intervals of payment and any other benefits

The hours of work

The holiday entitlement

The place of work and the address of the employer


The job title and a brief description of the role

The period for which employment (if temporary) is expected to continue

Any collective agreements affecting terms and conditions (for example employment issues pre-agreed between employer and trade unions affecting all workers)


Terms relating to sickness, notification of sickness, pay relating to this period and rules relating to statutory sick pay (alternatively, the employee may be referred to another document where these terms are set out, provided that the document is readily accessible)

Pension arrangements or the lack of them, including whether a contracting out certificate (where the organisation has opted out of the government scheme) is in force or not

Length of notice employee is entitled to receive or required to give to terminate employment or, where this is not set out, the statement must refer the employee to the collective agreements or the law governing notice

Disciplinary rules and procedure and appeals procedure and grievance procedure (alternatively, the employee may be referred to another document where these are set out, provided that the document is readily accessible)

Additional details of terms and conditions for employees working outside United Kingdom for longer than one month

I did not use the term written statement of employment particulars because some people would not understand the meaning yet everyone will understand written contract and after all its basically the same thing in reality and just a wording in law but will be more careful in future.

[Weird Al Yankovic]

Originally Posted by ANDENA

we all had contracts to read and sign and then they took them back we did ask for copies but did,nt recieve them, this new holiday entitlement means we must see what our contract reads. our superviser has seen contract with 15 days and additional holiday.

Ok ANDENA, in that case your written contract is in force and you should have been given a copy of it to keep.

If you want your contract but don't wish to rock the boat may I suggest you ask for a copy and say you are taking out an income protection policy and the insurers want a copy of it.

Everybody has a contract of employment when they start work and may only ever be verbal. However, yours is written so you have every right to a copy in any case.

[bubsy66]

Hi All
I'm just wondering why the TUC seems to have fought for many workers to have less holidays than before?. If I have 24 paid holidays a year, but no right to being paid for the 8 bank holidays that makes 16 days in my book, how is that better than 20 days plus bank holidays?. surely many employers are simply going to renegotiate with their employees!.
Can somebody please tell me the logic of this.
Thanks!.

[cal37]

It never was 20 days plus bank holidays, the 20 days were including the bank holidays.If you mean that you used to have 20 plus the bank holidays and your employer down graded them, then if you never agreed to this it would be a breach of contract.

Hope this cleared it up for you.

[paulgmb]

cal is right. the reasons that the trade unions fought and won for the additional holidays is because some employers soon spotted the loophole whereby they discovered that they could include bank holidays in the 20 days which was never the intention.

now, (or by 1-4-09) all employers will have to pay 28 days per annum. no one will lose out because your holisays will go up to this level, not down?!

so theres the logic and everyones a winner!

regards,

paul.