Holiday Entitlement

[x harvey x]

Hi

 

I am wondering if anyone can advise me on my rights as far as holiday entitlement goes.

 

Prior to a couple of weeks ago I had 25 holiday days bookable per year. I was also required to work most bank holidays and when I did so was paid triple pay which equated to a normal day rate plus double time for all hours worked. If I was not required I was just paid a normal day rate.

 

So in effect I actually had 33 holiday paid days per year.

 

Now my employer is saying I must have 28 days off a year however they are not allowing me to book the extra 3 they are saying I must take them on bank holidays, so effectively I think I am being penalised for the extra 3 day entitlement that came into effect in October 2008.

 

Am I losing out or am I just freaking out over nothing ?

 

Thanks in advance for any replies and if your confused by this dont worry cos I am more confused than you:confused:

[mariefab]

Prior to a couple of weeks ago I had 25 holiday days bookable per year. I was also required to work most bank holidays and when I did so was paid triple pay which equated to a normal day rate plus double time for all hours worked. If I was not required I was just paid a normal day rate.

Did you have at least 3 bank holidays which you did not work but you were still paid at the normal day rate?

If so, you were already getting the 28 days (5.6 weeks) statutory minimum paid holiday entitlement.

 

So in effect I actually had 33 holiday paid days per year.

 

Are you counting the extra 2 days pay you received each time you worked on a bank holiday here?

Your employer can pay you as much as they like as an incentive to work on a bank holiday, although these enhancements are contractual rather than statutory.

But you worked on those days they were not holidays and therefore formed no part of your overall holiday entitlement.

 

Now my employer is saying I must have 28 days off a year however they are not allowing me to book the extra 3 they are saying I must take them on bank holidays,

 

Your employer can tell you when to take your holidays.

If, for example, you don't usually work on Christmas day, Boxing day and New years day (or any 3 of the other bank holidays) then there's no change to your holiday entitlement.

If your concern is that they wish you to take time off on the bank holidays that you would previously have worked and received an extra 2 days pay for; I'm afraid that they can do this.

[Allwood]

If a person needed holiday for caring commitments and work 2 days a week and gave notice say of 18 days notice for days (2weeks) caring purposes and manage did not get back about this employee took days for caring purposes what would the consequences be for an uncaring and unreasonable employer

[honeybee13]

Hi Alwood. I'm not sure what your question is, but I do know that for each day or week's leave you have to give 2 days or 2 weeks notice, and so on. I think they might have some leaway if it caused problems to the business/organisation. Can you tell us a bit more please?

 

HB

[Allwood]

HB it is a hypothetical question just wondering what the legal consequences would be if the leave was for caring commitment and the employer knew this but fail to contact the employee whether it was OK or not to take the urgent leave. Leave was agreed verbally by the person responsible for it but not OK by the HR.

[honeybee13]

I'm still not quite sure what you mean. Is this a current problem and would it come under compassionate leave? That's covered under most people's contracts of employment.

 

HB

[Allwood]

It is hypothetical, just was curious if any the gurues knew what the consequences if an employee asked for leave for caring commitments and was agree by person in the company verbally that it would be OK and the employer was totally unreasonable and would not give compassion leave for this purpose:whoo:

[Sidewinder]

Key word is 'unreasonably'

 

An employer cannot 'unreasonably' refuse time off (unpaid is the standard, but any company may have a policy which allows paid leave) to care for a dependant in an emergency.

 

If it is not an emergency, then you are bound by the leave policy in place for that particular employer. If the line manager is authorised to grant holiday, and does so verbally, then you can hold them to that, although the problem will be in proving that the line manager did actually agree.

[Allwood]

Thanks Sidewinder