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Holiday Entitlement - Work Issue

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  • Holiday Entitlement - Work Issue

    Under new rules 1 week per 13 weeks, o.k. but what happens when you first joined a company years ago and it was the norm for you to work for a whole year to build up your Holiday Entitlement the following year?????? can an employer ignore the fact????:beagle::beagle::beagle:

  • #2
    Re: Holiday Entitlement - Work Issue

    I guess your old holiday stuff is on your current signed contract correct?

    If your employer wants to change your contract

    If your employer wants to make changes, they should
    • consult you or your representative (for example, a trade union official)
    • explain the reasons why
    • listen to alternative ideas

    Changes can be agreed directly between you and your employer, or through a 'collective agreement' between your employer and a trade union. This might be allowed by your contract even if you're not a union member.

    What or who can change a contract of employment?

    Either you or your employer might want to change your employment contract. However, neither you or your employer can change your employment contract without each other's agreement. Changes should normally be made after negotiation and agreement.
    Changes to employment contracts could be made by:

    • agreement between you and your employer
    • collective agreement - this is a negotiation between your employer and a trade union or staff association
    • implication - that is through a change in long standing custom and practice (for example if your employer allows all employees a day off each year for New Year's Eve)

    If a collective agreement makes a change to employment contracts, the change will still apply to you even if you are not a member of the trade union or staff association.
    Dragging myself and my family back into the light with the help of Beagles.

    My Hardship Claim
    Me VS Abbey Win
    BIL HSBC Credit Card
    BIL EGG
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    • #3
      Re: Holiday Entitlement - Work Issue

      Never had a contract , so no argument??????

      Comment


      • #4
        Re: Holiday Entitlement - Work Issue

        What is it you are actually querying-?the holiday entitlement at the moment is 20 days plus 8 bank holidays. Except it is not that simple. trust me as an employer when you have some casuals paid by the hour and some salaried employees it is very hard to work it all out - especially if your year does not run in line with the government changes.

        Do you think you should be getting more holiday this year?
        "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

        "Always reach for the moon, if you miss you'll end up among the stars"


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        • #5
          Re: Holiday Entitlement - Work Issue

          Why don't you have a contract??? You should have a contract, ask HR for it.
          ------------------------------- merged -------------------------------
          OK your contract can be an "implied contract"

          Terms implied by custom and practice

          These are specific to an employer or kind of work. They are arrangements that have never been clearly agreed but over time have become part of the contract.
          For example, you might get a Christmas bonus every year, or the business might close early on particular days.
          If a company practice has become a part of your contract then your employer must stick to it, and cannot normally change it without your agreement.


          Whether a particular practice has become a part of the contract can be very difficult to decide. There is no fixed time limit after which something is definitely part of the contract.
          Among other things, it depends on:
          • how seriously it has been treated (has the employer acted like they have a choice?)
          • how clear it is (has the employer treated the matter differently each time?)
          • how long it has been in place

          lol sorry have contract stuff bookmarked atm
          Last edited by Mochamoo; 28th September 2009, 23:01:PM. Reason: Automerged Doublepost
          Dragging myself and my family back into the light with the help of Beagles.

          My Hardship Claim
          Me VS Abbey Win
          BIL HSBC Credit Card
          BIL EGG
          BIL HSBC Loan
          BIL PPI Win




          Comment


          • #6
            Re: Holiday Entitlement - Work Issue

            Retiring officialy in 6 weeks time, went through contract argument in the early 1990!s but could not get anywhere with the other employees , if I remember correctly any- way thanks for the comments, probably as implied contract. Thanks anyway. not worth worrying at this stage.

            Comment


            • #7
              Re: Holiday Entitlement - Work Issue

              Just glancing through this thread a couple of points emerge. Firstly, employers are legally bound to give a NOTICE of Terms & Conditions of Employment within 8 weeks of commencement. The contract itself is formed when you shake hands, (or whatever), with HR.

              Secondly, no contract can over-ride to the detriment, the various statutes which protect the employed. Otherwise put, they can't word a contract to give you less than the legal minimum holiday entitlement.

              Check here Employment terms and conditions : Directgov - Employment
              for further info.

              Comment


              • #8
                Re: Holiday Entitlement - Work Issue

                I was working a 60 hours week and, under doctors orders, had it reduced to 48. 4 days/nights on, 3 days off. When I began planning the next group of holidays they told me I was no longer entitled to 28 days holiday but now 21 days due to the reduction of hours. The company I work for try and skimp on every penny we may be entitled to.
                Darkness is only the absence of light; ignorance is only the absence of knowledge.

                Comment

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