Please help me with my contract

[Smithy1979]

Can anyone please help me with a discrepancy with my contract.

[des8]

Re: Please help me with my contract

Hi and Welcome
Only if you post up details of your problem

[Smithy1979]

Re: Please help me with my contract

I work part time and term time only and in my contract I am trying to find out about my holiday as have just found out that for the first five years that you work you accrue an extra days holiday. I work 39 weeks a year and my pay is pro rata so my annual salary is worked out and I get the same amount of pay each month. With regards to my extra holiday I am given my contract states the following:

Leave (Pro Rata for Part Time Employees): Annual leave entitlement of 20 days plus bank holidays (+1 day per annum, up to 25 days total)

Pro rata conditions- Working school term time only. Annual leave entitlement is 14 days a year.

My works are questioning the extra entitlement as they say that both paragraphs above conflict each other and that they don't believe they have to give me the extra leave?

Is this correct ! I have worked for the company for five years so I am assuming that they owe me an additional 3 days on top of the 14 I already have? They never made a note of this so missed out on the extra holiday and it was my bought to my attention a few weeks back when a colleague raised hers.

[des8]

Re: Please help me with my contract

To me it looks like you aren't entitled to the extra day, but I'll tag [MENTION=49370]Kati[/MENTION] who hopefully will bring this post to the attention of those more involved in employment matters.
It may take a little time as babes are being put to bed about now!

[Kati]

Re: Please help me with my contract

I'm here (only just :lol

tagging [MENTION=87380]Diana M[/MENTION] [MENTION=93669]Sidfish[/MENTION] [MENTION=26290]mariefab[/MENTION] (altho' [MENTION=6]Amethyst[/MENTION] or [MENTION=2]Celestine[/MENTION] might know who else to tag too ) xx

[Smithy1979]

Re: Please help me with my contract

Thank you everyone

[R0b]

Re: Please help me with my contract

Are there any other employees who are part time and on the same contract but do not work term time only?

The two clauses do appear on the face of it conflict with one another. Usually the courts will try to interpret the clauses as what was intended between the parties however, if they can't and the clauses are still ambiguous then there is a rule called the 'contra proferentum' rule that the courts may invoke.

What that means is that the courts will interpret the ambiguous clauses against the party who drafted them and the benefit of doubt will be given to the party who didn't draft it. So in this case, it is plausible that the court will say that you are entitled to one additional day's holiday each year. If you have missed out on those holidays because you were not informed, then you may be entitled to recover those 5 days holiday as pay although my employment knowledge is a bit rusty so someone else in the know may be able to clarify that.