Annual leave Dispute
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How is your contract worded? For your leave entitlement?
How many days did you expect to get based on your contract? I don’t see how it would be less because of the bank holiday. If your leave is based on a 3 day work week, then surely you just get an extra 0.6 of a day?
It depends on the wording of the contract, there may be an open clause which allows changes etc. I was in dispute last time I returned as the system said I had less than what they advised I would. They recalculated and ‘found’fhw missing hours. However being part time and working Mondays meant bank holiday hours get removed from my annual leave entitlement, which I don’t understand or agree with. If I worked Fridays I would be given more hours not removed.
I would contact Acas about it. I don't think they are meant to take bank holidays from your holiday entitlement because you're already covered by your mat leave. You can't take holiday whilst on mat leave but you still acrue it. You weren't scheduled to work those bank holidays so it should be included in your entitlement. The way my employer does it is in hours. I don't work Mondays so bank holidays aren't taken out of my holiday because I still work my scheduled hours for the week. When you're on mat leave you're on 0 hours because you're covered by maternity leave and maternity pay as contracted. Unless you have been taking annual leave for the start and end of mat leave and the bank holiday falls in there they shouldn't be taking it from your entitlement.
@Reena it's worded as I've put in the original post. Why do companies have to make things so complicated
@Rhiannon I expected 17.5 days as my contract says, but HR are telling me it's only 17. I get it's only half a day but 1 it's the principal and 2 that's half a day I could have with my son. I got the contract last year when we had the additional bank holiday for the coronation, so they are saying the half a day was only last year due to that and I'm no longer entitled to it due to only having 8 days annual leave not 9 this year
@Karen it's worded as above "17.5 days entitlement. Calculated....." Funny that isn't it! I don't work Mondays - I work weds to Friday. It's all so confusing.
Well I guess that's correct then. There are only 8 bank holidays this year so that's all they can give you.
Surely it shouldn't specify 17.5 days then? Or should have a clause saying this may vary depending on number of bank holidays? What makes this worse I re queried it and the response I got was "it's an admin error and shouldn't be in there" how can they use that as an excuse? Will they feel the same if I handed in my notice and gave a week rather than the 12 stated as I believe "12 week notice period to be an admin error?"
Yeah I would agree it should probably not have stated it like that but whether you can argue it you'd have to ask ACAS. They might say they can't realistically give you a bank holiday that doesn't exist. 🤷🏽♀️
It must be followed unless there has been a new contract agreed and signed by all including you. If you've not signed anything in writing, then there isn't any new contract and their words are null and void and your current contract is valid. I had a similar issue when they put 26 hours instead of 16 and they had to honor it because we all signed it and I refused to sign a new one at 16 hours.