Holiday entitlement

[ToshSpot]

Hi,
I'm hoping someone can help me please?
I have been employed in a 3 man company for 1 year and 6 months. Until recently everything was fine apart from having no contract, but now my boss' partner has come on board and changed my holiday entitlement.
Last year I worked 939.5 irregular hours ( excluding the 11 days holiday I took throughout that year ) and myself and my boss used gov.uk irregular hours calculator to calculate I had 14.15 days holiday entitlement and he told me I could take those extra days into this years entitlement.
This year we have calculated I will get 17 days holiday.
Just before Christmas his partner started working with us also and when I tried to book time off over Christmas she told me that any bank holidays I wish to have off need to come out of holiday entitlement, this was never originally discussed between me and my boss but I agreed I would take Christmas Day and New Year's Day off and 2 days would come out of my entitlement and will continue to do so on any bank holidays.
After returning to work after Christmas my boss' partner has now told me I have no holidays remaining, I asked for an explanation why and she has told me she has taken one day off my entitlement for each bank holiday I have ever had off and been paid for since I started.
She has worked my last years holidays out as 12.56 days as she has used gov.uk calculator and divided my years hours by 52 and worked it out on hours worked per week but I worked 2 days a week, then 3 then finally 5 days a week.
So now I have no holidays remaining to cover the bank holidays that will occur before July when my new entitlement will start!
I am unsure where I stand as I have no contract.

 

[JamesL456]

I'm no authority on the subject but ultimately, no contract = no rights.

Perhaps if someone can advise you where you stand *if you had a contract*, you could then very nicely put the argument to your boss and try to convince them. But as I say, without a contract you're just relying on your boss' sense of fairness (if they have one!)

Good luck

 

[Newchodge]

You have a contract, it just is not in writing.

When you started what were your agreed weekly days/hours?

When was this agreement changed, and what was the new agreement?

 

[Ashley_Price]

Even if you don't have an employment contract, you must have been given a written statement of employment particulars. See HERE.

 

[AlwaysElysium]

Take employment legal advice through your union, which usually gives one free legal question over the phone. Bank Holidays are separate from leave entitlement.

Of course this is a sort of workplace bullying, in doing something retrospective that costs you money, as annual leave is just as important as wages.

A company that denies their staff holiday time is not enacting a duty of care under health and safety to prevent stress.

Yes you could can take a break well away from work on a weekend, but you do need a week to ten days a year break to maintain your health.

Annual leave is not about contracts.

Leave entitlement is about employment law that covers all staff under UK legislation.

Some law firms offer a first free consultation on certain days, if you are not a member of a union.