Holiday Entitlement

[elbmek]

I work in Security. When I started with this company in 2007, i signed a waiver to work a 60 hour week (5 x 12). After a couple of years I was ordered by my doctor to knock it down to a 4 x 12 hour week due to sleep deprivation. I now work 4 x 12 hours.

The company told me that, as I now worked a 'short' week, I was no longer entitled to 28 days holiday and it would be reduced to 21. This was to include Bank Holidays (8 I believe).

Is this legal?

[WendyB]

Re: Holiday Entitlement

Have a look at this, it might throw more light on it Holiday entitlements: the basics : Directgov - Employment

[CleverClogs]

Re: Holiday Entitlement

I work in Security. When I started with this company in 2007, i signed a waiver to work a 60 hour week (5 x 12). After a couple of years I was ordered by my doctor to knock it down to a 4 x 12 hour week due to sleep deprivation. I now work 4 x 12 hours.

The company told me that, as I now worked a 'short' week, I was no longer entitled to 28 days holiday and it would be reduced to 21. This was to include Bank Holidays (8 I believe).

Is this legal?

No.

[elbmek]

Re: Holiday Entitlement

Thanks for the link, and here is my interpretation:

Your employer can control some things about your holiday, including when you should take it and whether they include bank holidays in your entitlement.

They do not have to include bank holidays. I normally work, Fri - Mon inclusive but will come back to that in a minute.

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

Because I worked 5 days a week, albeit at 60 hours, I now work 4 days a week (48 hours) - the company are classing this as part time. Even though, at an hourly rate, I am working more than a 40 hour week.

bank and public holidays can be included in your minimum entitlement

But not WILL be.

So , they class me as part time because I am not available for the 5 x 12 hours shifts BUT are these working days not based on an average 8 hour working day eg: 9-5?

[CleverClogs]

Re: Holiday Entitlement

Your employer is trying to limit your paid holiday allowance to 21 days.

You are entitled, by law, to a minimum of 22.4 days; a sensible interpretation of that would be to offer a little more than the legally required minimum and give you 23 days paid holiday.

It is not lawful for your employer to give you less than 22.4 days paid holiday per annum.

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