help needed regarding holiday entitlement

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hi have a long standing dispute with my employer which I have raised many times but is no closer to being resolved only me getting disciplined I work 49 hours per week over 4days. the work I do requires me to work every bank holiday monday and any other holiday that falls on any of my days of work.

The way I have always understood it is that I should be entitled to 5.6 weeks paid leave per year.however my employer insists that this is not the case

She says that bank holidays help to make up the 5.6 weeks entitlment. and because I have to work those holidays then I lose this entitlement .

So, my entitlment is actually 5.6 minus any bank/public holidays that I have to work.

I recently wrote a letter to my employer to explain I felt agrevied by there policy's and questioned the legality of it.

I was given a response saying that ,because I insist that my entitlement is 5.6weeks a per year the company will no longer pay me double time for working any bank/public holidays but will give an extra days holiday as compensation for this. This in turn would make sure I got my 5.6weeks.

Surely if they adopt this policy then the extra holidays should be given on top of 5.6 weeks rather than make it up to 5.6.

Please help.
 

Newchodge

Business Member
Nov 8, 2012
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Newcastle
Forget bank holidays. If you are required to work on them they are just another work day, although your contract may state that you get paid extra for working them.

Your entitlement is to 5.6 weeks of 49 hours. I don't understand what you mean by your last point. They can't just change your contract to stop paying you extra for working particular days.

If you haven't been given your holiday entitlement you can take an employment tribunal case over it. You also might want to point out that it is a further breach of the Working Time Directive for you to work 49 hours per week. The maximum is 48 hours, averaged over 17 weeks, unless you work in one of the exempt categories or have signed an opt out.
 
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noo81

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Apr 8, 2013
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As far as I am made aware, holiday entitlement in the UK for full time employees is 28 days. If the company doesn't work the 8 bank holidays then this can be deducted from the 28 days, however if you work them it counts as a normal day and you are still entitled to the 28 days. It sounds like your employer needs re-educating on holiday entitlements and it sounds like you would have a good case to take to employment tribunal.
 
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noo81

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Apr 8, 2013
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Sorry but the information I just gave you is incorrect I based that on a person working five days a week. You only work four days in the week so your holiday entitlement would be worked out by 4x5.6 which would only entitle you to 22.4 days a year. In which case your employer is most likely right.
 
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hi
sorry for the confusion, but i think your missing my point.

i work 49 hours a week over 4 days. i also work different shift patterns on 2 of those days.
ive been told i should actually be paid holidays in hours rather than days due to my irregular hours.

however 4 x 5.6 = 22.4 is correct. but , if , for example there are 7 bank holidays per year. all of which i am made to work my employer lessens my entitlement by 7 days

so therefore my employer insists my yearly entitlement is 22.4 minus 7 = 15.4 .

is this correct ?
 
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thanks very much for the help.
because of the fact I work different hours on different days my hols i think should be calculated in hours.
i just calculated that my yearly entitlment in hours is 274.

This year, because of my companys refusal to give me paid holidays and the fact that I was on ssp from my employer for 12 weeks means that I have had only 144.5 hours paid holiday this year.

By my calculation I am owed 129.5 hours

274-144.5 =129.5 hours.

Only problem I have is that my employer has refused me holidays for so long and coupled with the fact they refused me sick pay for 12 weeks while I was recovering from surgery my holidays for the 2013 period are due to expire at the end of january according to my contract.so therefore are impossible to use.and they wont pay them me.this is clever tactics for a shady employer.

Someone please tell me if this damages my chances with a tribunal.do I have any chance?
 
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Just to update ..

Citizens advice have advised me to write a letter to my employer to asking if i will be allowed to take these holidays or can they offer payment as an alternative.
if not then ive been told to write a letter of grievance and begin the acas conciliation process.

Some one please help me with this.

if you work different hours over 4 days .. for example 1 x 8 hour shift 1 x 12 hour shift and 2 x 14.5 hour shifts per week this is 49 hours a week
but because of the irregular hours should my holiday entitlement be given in hours?
in which case should it be 274 hrs per year. .

thanks in advance
 
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You are entitled to 28 days holiday per year (5.6 weeks) this includes bank holidays. As you do not work regular hours, your holiday entitlement should be given to you in hours. This is calculated by multiplying 28 x an average working day. Holiday entitlement accrues even whilst you are sick. If you are unable to take your holiday due to sickness you can not carry this over. Instead you should be paid in lieu.

Your employer can not stop paying you extra for working a bank holiday if that is written in employment contract or this has been custom and practice. If they do so, it is breach of contract.

I would follow ACAS' advice and submit a grievance. If you do not get any joy with your employer you can contact ACAS and ask for the pre claim conciliation service. Be mindful that the process does not take too long. You only have three months less a day from submitting your grievance to make an employment tribunal claim. If the company dilly dally with their response and ACAS conciliation is not helpful get your claim in. You will have to pay a fee to lodge a claim but you will get that back if you are successful.

If your contract states you are entitled to SSP. If you have not been paid that then it is breach of contract and you can make a claim for this in an employment tribunal as well.
 
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You are entitled to 28 days holiday per year (5.6 weeks) this includes bank holidays. As you do not work regular hours, your holiday entitlement should be given to you in hours. This is calculated by multiplying 28 x an average working day. Holiday entitlement accrues even whilst you are sick. If you are unable to take your holiday due to sickness you can not carry this over. Instead you should be paid in lieu.



It’s worth noting though that the law does not say you are entitled to 28 holidays per year, only that you are entitled to 5.6 weeks per year, subject to a maximum (not a minimum) of 28 days. Ergo, if working week if four days, you’d be entitled to 5.6 times four days – 22.4 days a year.


The idea of interpreting this in hours is not recognised in law, although it is in common sense: just as you could request paid leave for all your longest shifts (14.5 hours), your employer could require you to take all your leave on your shortest shifts (8 hours). Neither is practical, so typically 22.4 days would cover a variation of shifts, and using hours helps to be fair to everyone – although isn’t a legal requirement.


Whether you can carry forward holidays due to sickness is subject to various & complicated case law (case law that arguably still has gaps in it). According to Hair Division v Macmillan, if you had the opportunity to use the leave in the year, the principal of “use it or lose it” applies; there is no compensation for this that I know of if you elect not to take leave (I stand to be corrected, as I haven’t kept up to speed recently, and Sandra suggests you should be paid in lieu).


Karl Limpert
 
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on the issue of my employer stopping my double time for working bank holidays.

it is written in my contract that i will be paid double for working bank holidays ,however it is also written in the contract that the employer reserves the right to make changes to the contract from time to time.

can removal of double time pay apply to these changes or is it unlawful deduction in wages ?
 
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thanks for the reply. I have not been offered anything to sign by my employer to say I agree with this change in contract I just received a letter giving one month notice before thos change came into effect. My employer is aware I have a grievance about this because I put it in writing. however , is it correct that I can no longer challenge this as a received the letter in jan.

my employer decided to make this change purely because i protested that I wasnt being allowed to take the statutory min 5.6 hol per year.so they decided as they had no choice but to give me the 5.6weeks they will remove my double time bank hol pay.
 
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Thank you.
would i need to send you copies of all letters/grievances i have sent to my employer and also they're response letters ?
i can get this scanned into my computer and send to you if you can help me id be very grateful.. im very badly being taken advantage of by this company and im at my wits end.
 
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thank you very much I will get the correspondence letters and the relevant parts of my contract scanned and the background of the grievance and get it all sent to you. do you have a email address you could pm to me where I can send these? thanks again for the help.
 
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