Holiday entitlement

[acerf1]

Hi

l work for a school and get 30 days paid holiday a year , every year when the school was shut in Christmas we would get those days off without booking holiday.
But now they say we have use our holiday entitlement and book of 4 days when the school is closed.
There is nothing in my contract about this , are they allowed to do this?

[CleverClogs]

Re: Holiday entitlement

Probably not, as it could mean a unilateral change in your contract.

[teaboy2]

Re: Holiday entitlement

No they can not, they would need to make an amendment to your contracted holiday entitlement to do so, and even then they would need your signature agreeing to such terms. Should they write to you advising of such, then simply write back stating you do not agree to such changes to your contract of employment and as a result they will not be able to force these changes on you. Also advise your employer, that they can not do this without making changes to your contract of employment and without your agreement to such changes.

They will likely say that holiday bookings and entitlement is down to policy, but its not, its down to whats stated in your contract.

[ostell]

Re: Holiday entitlement

Details about paid holidays here: https://www.gov.uk/holiday-entitlement-rights

You are getting more than the statutory time, an extra 2 days. The employer can stipulate some of the days that are taken.

But it all depends on what is in your contract. Bet it is not tied down tightly and leaves the employer a lot of lee way.

[CleverClogs]

Re: Holiday entitlement

They will likely say that holiday bookings and entitlement is down to policy, but its not, its down to whats stated in your contract.

Or not, as the case may be - but past practice may have set a precedent.

[charitynjw]

Re: Holiday entitlement

If the employer chooses to close the place of employment, as long as you are 'available for work' on those days, they are required to pay the contractual amount.

Have they given formal notice of this?
If so, when?

[charitynjw]

Re: Holiday entitlement

http://www.legislation.gov.uk/uksi/1...lation/15/made

Dates on which leave is taken

15. (1) A worker may take leave to which he is entitled under regulation 13(1) on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).

(2) A worker’s employer may require the worker—

(a) to take leave to which the worker is entitled under regulation 13(1); or

(b) not to take such leave,

on particular days, by giving notice to the worker in accordance with paragraph (3).

(3) A notice under paragraph (1) or (2)—

may relate to all or part of the leave to which a worker is entitled in a leave year;

(b) shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and

(c) shall be given to the employer or, as the case may be, the worker before the relevant date.

(4) The relevant date, for the purposes of paragraph (3), is the date—

(a) in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and

(b) in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.

(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.

(6) This regulation does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.

[CleverClogs]

Re: Holiday entitlement

Disgraceful.

The next thing will be women wanting the right to vote...