Holiday Entitlement.

[mariefab]

I work 3 days per week, 6 hours per day.

 

On my contract it states that I am entitled to 12 days holiday per year.

Also, that Bank holidays are in addition to annual holidays and will be paid at double time or a day off in lieu.

 

This has been so since I started working for the company 8 years ago and in that time the only change has been that for the past 3 years we have been asked to sign a new (but unchanged) contract of employment each year.

 

Through following a link posted on this forum I believe that I ought to be entitled to 16.3 days holiday per year.

I wasn't previously aware that there had been any changes.

 

Therefore, my questions are:

 

1. Are all workers entitled to the increased holidays?

2. Have I, by signing a new contract each year, unwittingly opted-out of the increased entitlement?

3. Can these changes be enforced.

 

4. If the answers to the above are...

1. Yes

2. No

& 3. Yes

...can my employer then claim that Bank holidays are now included in my holiday entitlement.

I would like to have my cake and eat it if possible.

[farmlama]

1. Are all workers entitled to the increased holidays?

Yes this is the statutory minimum required by law, this amount (5.6 weeks) started this tax year last year it was 4.8 weeks a year. your current contract is only 4 weeks a year.

2. Have I, by signing a new contract each year, unwittingly opted-out of the increased entitlement?

No if a contract of employment doesnt comply with the statutory minimum then those terms become invalid even if you hav signed and agreed to them.

3. Can these changes be enforced.

if you mean changes as in you getting 16.3 days a year then yes, if your employer refusses then they are breaking the law and you can take them to tribunal.

...can my employer then claim that Bank holidays are now included in my holiday entitlement.

No as this would be changing the terms of your contract which they can only do with your agreement if they force this then they are again breaking the law and you can take them to tribunal. The only way they can force you to chang your contract is by basically sacking you and then offering you your job back with the new contract, but you dont have to accept it and can claim unfair dismissal.

 

please note i am not a professional but hope i have helped a bit.

[mariefab]

Thank you very much for your help.

[mariefab]

Update.

 

Woohoo!

After bringing the information above to the attention of my employer, I now have a new contract showing that I'm entitled to 17 days holiday per annum and I still get double time or a day off in lieu for Bank holidays.

 

>>>>>>>>>>>>>>>>> rushes off, stuffing face with cake, to check out holiday brochures >>>>>>>>>>>>>>>>

[orfoster]

Lol well done.

 

I guess it may have been overlooked but perhaps they were trying to pull a fast one.

 

A trade union would have been good to have on side here if it got to legal stages etc. Perhaps consider joining. You can go to the Trade Union Congress site to see all the unions and find your sector and how much it is per month, (less for part timers).

 

Hope that helps.

[mark_18]

I have a similar problem like this.

 

I work full time, 37.5 hours per week. I know that this year the statutory holiday entitlement was increased.

 

Now I am not sure if it is just me being daft, but I started with this company this year, and in my contact of employment it states that my holiday entitlement is 20 days per annum plus all statutory holidays.

 

Is this correct? Do all the bank holidays, including xmas and new years day add up to the minimum holiday entitlement, or am I supposed to receive more entitlement plus the bank holidays ect?

[elche]

Hi Mark

 

There are 8 BH's this year so 20 + 8 = 28, so yes this is correct.

 

Che

[sgianthebard]

I work 4 days on, 4 days off - 10hours per day. My company gieves me 14 days holiday per year plus bank holidays. It has been so for the past 5 years. Is this right?

[farmlama]

my calculations show you should be entitled to a total of 19.6 holidays days a year (including bank holidays) each holiday day should be 10 hours pay

[sgianthebard]

farmlama, do you mean 19.6 PLUS bank holidays?

 

If so, could you tell me what calculations you used and where I can find this info so I can show it to my bosses? Is it the Working Time Regulations? When I did mention it to personnel before, they told me that because I only worked 4 days per week, I wasn't entitled to the minimum required as per the Working Time Regulations.

[orfoster]

To my understanding if you check out business link or direct.gov or indeed the working time directive you are entitled to 5.6 weeks of leave. i.e you work 2 days a week so you would get 5.6 weeks off but paid at 2 days per week. Does that make sense?

 

Bank holidays depend on your policy and if they fall on a normal working day of yours. They may add them on depending on the company or may deduct them from your statutory entitlement but obviously if the bank holiday isn't a normal working day for you then I don't think it changes.

[farmlama]

farmlama, do you mean 19.6 PLUS bank holidays?

 

If so, could you tell me what calculations you used and where I can find this info so I can show it to my bosses? Is it the Working Time Regulations? When I did mention it to personnel before, they told me that because I only worked 4 days per week, I wasn't entitled to the minimum required as per the Working Time Regulations.

 

i meant 19.6 days including bank holidays. i worked this out by that you work on average 3.5 days a week (4 on 4 off =50%. 50% of a week = 3.5 days) and as you are entitled to 5.6 holiday weeks a year 3.5 x 5.6 = 19.6.

[mariefab]

If you click on the link below and scroll down to the Shift workers section it will confirm that 4 on 4 off shifts are treated as 3.5 days a week, as farmlama has posted.

 

Calculating holiday entitlement : Directgov - Employment

 

You can then use the calculator below to confirm that your annual entitlement, in a normal april-april leave year, is 19.6 days.

 

Calculate your employees' holiday entitlement | Business Link