What am I entitled to?

[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, which I have proof of that I have asked several times for, 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 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.

 

[vvaannmmaann]

Tosh mate please redo with some paragraphs
Very hard to read as it is.

 

[ToshSpot]

Sorry it's a bit lengthy!
In short I just need to know where I stand on them making changes to my entitlement and taking holidays off me as I don't have a contract!

 

[ej specialists]

You need contract, without that you can't calculate anything. It is a legal requirement for your employer to provide you with one. You serious need to so "something"

 

[ToshSpot]

I have text message proof that I have requested one several times. My boss states they cost to much to produce!

 

[ej specialists]

It is laughable for him to say that, this could get him into a lot of trouble. Do you whether you are classed as employed or self employment? What type of contract are you on, is it zero hour, permanent? These are things that need to be clarified. I would advice you probably to draft a contract and ask him to read through and sign if he agrees with it. He would at least have a template he can work from.

 

[ToshSpot]

I think I will have to. In the mean time I don't know where I stand with his partner changing my entitlement and leaving me short of holidays due to the bank holidays I got paid for but didn't take off my holiday allowance last year? Can she just take these off me even though me and my boss worked it out before she started?

 

[Billmccallum]

Go back to the first "boss" and insist on the agreement being honoured. Essentially its a verbal contract.

 

[ToshSpot]

Did try that but will try again. Thanks

 

[ej specialists]

The answer is no, nobody has a right to change your entitlement without firstly speaking to you, explaining the reason why they are changing it and listen to your ideas. Read your right on gov.uk. It's not right to do so.

 

[ToshSpot]

She has explained that I now need to start taking bank holidays out of my holiday entitlement which is fine. But she has now taken all of my holiday allowance off me to cover the previous bank holidays I have taken. She also worked out my holiday entitlement differently to me and my boss and it works out less but she says it's her calculation that counts! Don't know where I stand anymore!

 

[UKSBD]

Don't mix hours and days as it makes it impossible to calculate things.

 

[ToshSpot]

I only did it to cover the other lady that was off sick for quite a few weeks. I help out whenever asked and this is how I get thanked

 

[Employment Law Clinic]

You need contract, without that you can't calculate anything. It is a legal requirement for your employer to provide you with one. You serious need to so "something"

Eh? He has a contract – he’s agreed to work, the employer has agreed to hire him to work.


Calculating the holidays is more complicated without anything in writing, but we know he carried forward 14.15 days holidays – after taking some leave last year, for which wages should have be paid based on the previous 12 weeks to when the leave was taken (sections 221-224, Employment Rights Act 1996).


The entitlement is to 28 days a leave for full-time hours, and the leave year runs from approximately June or July – Tosh has been employed for about 1.5 years, and there’s no contract to say the leave year is different to the year starting with his employment (Working Time Regulations dictates that the leave year commences/ends with the start date, unless agreed in writing otherwise).


Ergo, the leave year hasn’t ended yet, and Tosh is still entitled to as much leave as would be due based on equivalent full-time hours for the remainder of the leave year – until June/July.


With regards to bank holidays, the employer has to provide notice (twice as much as the leave being required to take) in order for leave to be taken on specific days – including bank holidays. There is no indication that was done, and therefore no leave could be deemed to have been taken on bank holidays, except where specifically agreed – two of the recent three.


A crude calculation, I speculate anywhere from 12 days (calculated as approximately 14 for 6 months of the leave year, less two days taken for Christmas day & New Years Day), plus leave for the balance of the year – for the next six months – of another 14 days, less any other leave taken, plus 14.15 days: a total of approximately <40.15 days, or the part-time equivalent, if working less than a five-day week.

The answer is no, nobody has a right to change your entitlement without firstly speaking to you, explaining the reason why they are changing it and listen to your ideas. Read your right on gov.uk. It's not right to do so.

Actually, as the right is prescribed by law, nobody has the right to change your entitlement ToshSpot at all. They can talk to you, explain their reasons why, listen to you, but it doesn’t alter the fact they can’t change the law unless your employer is an MP, and their colleagues endorse the change in law!

She also worked out my holiday entitlement differently to me and my boss and it works out less but she says it's her calculation that counts! Don't know where I stand anymore!

That’s complete tosh, ToshSpot! They can’t retrospectively require you to have taken leave, and you can complain to an employment tribunal if you are denied the right to take leave. You don’t need a written contract to do that, and the tribunal will cope just fine without it! In fact, you could get an extra few weeks worth of wages if you complain about the absence of a written statement of particulars too. I wouldn’t suggest you simply read your rights on gov.uk, as that’s pretty useless when it comes to what the law is or how to enforce it – these things happen online!


Karl Limpert