removing holidays

[astraldream]

Hi i have a part time contract for two and a half days a week.

we get 11 days paid holiday and we used to get bank holidays but after Christmas they presented us with a new contract they were only going to pay us for four bank holidays a year. Is this allowed?

[D4ncer]

Re: removing holidays

Kind of a bump for you as this can be quite cmoplex. I believe that you are only entitled to be paid/have holiday allowance on bank holidays that fall on your normal days of work. If your days vary it will be even more complex.

I do know that bank holidays can be included as your holiday entitlement - I.E. they can use your holiday entitlement to give you a paid bank holiday.

[ostell]

Re: removing holidays

At 2.5 days per week you are entitled to 14 days paid holiday per year. Calculator is here.

Your employer is entitled to use some of you holiday entitlement for bank holidays.

[D4ncer]

Re: removing holidays

Sorry, just re-read your post. As it includes a change of contract then I'm not sure. Someone will be along with [much] better employment law knowledge. But I do feel that the terms are acceptable, but whether they are implementable is for someone else I'm afraid.

[astraldream]

Re: removing holidays

bump

[D4ncer]

Re: removing holidays

Best I can do is this:

https://www.gov.uk/your-employment-c...can-be-changed

And try these people, free:

http://www.acas.org.uk/index.aspx?articleid=1461

Good luck.....

[teaboy2]

Re: removing holidays

At 2.5 days per week you are entitled to 14 days paid holiday per year. Calculator is here.

Your employer is entitled to use some of you holiday entitlement for bank holidays.

You said you got 11 days holiday per year. Your entitlement was 14 days per year (As shown above), which may include bank holidays depending on your contract.

So it looks like your employer has not been giving you your correct holiday entitlement and sold you short by 3 days each year. I would approach them informally about this first and ask for an explanation and how they intent to reimburse you for the holidays you should have received and had been entitled to but had not received.

Regarding any changes to your contract. You have the right to refuse to work under the new terms, inform the employer that you do not agree to the new terms and that you will be working any new terms under protest, and are treating the change as a breach of contract. Or you could resign and claim constructive dismissal (this is a last resort and not a path i would advise you to take).

[astraldream]

Re: removing holidays

Thank You. Can they take the 20 minute break into consideration when it comes to counting hours toward holiday?

[teaboy2]

Re: removing holidays

Thank You. Can they take the 20 minute break into consideration when it comes to counting hours toward holiday?

No they can only take the days you work into consideration, regardless of what hours you work during the day.

So for example. if you worked 5 days a week at 40 hours a week. Your hours are calculated as 5 x 5.6 = 28 days - If you worked 5 days a week and only did 30 hours it would still be calculated as 5 x 5.6 = 28 days (Bank Holiday can be included in your statutory holiday entitlement, though some companies give you Bank Holidays up top)

in your case, you work 2.5 days a week. So you calculate your holiday per year by 2.5 x 5.6 = 14.

How many hours you work or what breaks you get is irrelevant as its the number of days you work that goes towards accruing holidays.

Any breaks you have at work whether paid or unpaid, count towards your working hours/day and can not be used to reduce your holiday entitlement.

[astraldream]

Re: removing holidays

Thank you, I have just had a long conversation with ACAS and the upshot is, they are allowed to remove it and my holidays are correct as we get 5 and soon 4 paid bank holidays.

The only thing i can do is refuse to sign the new contract and they can dismiss me which as i need a job i can't do.

Thanks all for your help.

[teaboy2]

Re: removing holidays

As far as am aware any breaks paid or unpaid count towards your working hours.

How many hours do you work a week including break times and what hours are you paid for per week? And how many hours are you contracted to work each week in your written contract?

[astraldream]

Re: removing holidays

I work Mon-Tues 9-5 i get an unpaid 20 minute break. I work Wed 9-1 and every other Saturday 9-12.
I get 11 paid days. and i did get Bank Holiday off. So as my part of the week is Monday i got those paid, and the bank holiday on the other part of the job share week i get half a lieu day.
They are now proposing to allow just 4 paid Bank Holidays and kindly allow us to work it or use it as annual leave.

[CleverClogs]

Re: removing holidays

Can they take the 20 minute break into consideration when it comes to counting hours toward holiday?

No - that is far too short to count as a holiday. :grin:

[teaboy2]

Re: removing holidays

I work Mon-Tues 9-5 i get an unpaid 20 minute break. I work Wed 9-1 and every other Saturday 9-12.
I get 11 paid days. and i did get Bank Holiday off. So as my part of the week is Monday i got those paid, and the bank holiday on the other part of the job share week i get half a lieu day.
They are now proposing to allow just 4 paid Bank Holidays and kindly allow us to work it or use it as annual leave.

Hi you didn't really answer my question: I asked what are your weekly contracted hours in your employment contract are, and what hours you actually get paid for each week you work. Though based on the info you provided i worked out your working hours for:

Week 1 being 20hrs (including breaks)
Week 2 being 23hrs (including Breaks)

So how many hours are you actually paid for on your pay slip for week 1 and again for week 2? is it 20hrs and 23hrs respectively or less?

And again what does you contract state your working hours are per week? Also what does your contract state about rest breaks being paid or not, anything or nothing?

As for the Saturday every other week. Well that would add to your holiday entitlement. as it works as an extra half day per week. so its 3 x 5.6 = 16.8 (17 days when rounded up) holidays your entitled too per year.

[astraldream]

Re: removing holidays

Sorry, I thought with what i wrote would be enough. I am contracted the hours i wrote. So I think they calculate it at 20.5 hours a week.
in my contract i will e honest i can't remember i dont have a copy to hand but i have just rang to ask if they can send me a copy.