employer changing amount of holidays in contract!?

J

jillyb

Registered User
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126
Hey,

Sorry if this will be a long post. Basically I started a new job late last year and had a probationary contract with x amount of holidays.

When I started it was 3 days p/w not including Mondays. A few weeks in that changed and one of the days I worked was Mondays. Its a job share so myself and the other girl asked the employer about public holiday entitlements for the person not working Mondays and he said there was none as we are salaried but he could offer some sort of compensation like x amount of extra days pay or time in lieu. The other girl said it was ok and didn't take him up on it. (kind of shot me in the foot though if I ever changed to not working mondays)

Then after christmas I signed a permanent contract with the same amount of holiday days.

Then last month the girl I job share with left and the new person is starting this week. I was called into the office and told that the new girl would be getting x amount of holiday days (3 less than me) and a fifth of the working week for the bank holidays.

He then said that he originally gave me 3 extra holiday days to compensate for the fact that when I originally started I wasn't working Mondays. He said that to be fair to her we'd have to have the same amount.

So now he wants to reduce my holidays by 3 days as I now work Mondays. I just said ok and I didn't realise that I had extra days for that reason. In hindisght I should have asked why I wasn't informed.

I don't understand why he never mentioned it when I started/ when we asked about holiday entitlements / when he drew up my permanent contract.

I managed to see the girl that's left's contract and she was given the same amount of holidays as me and she was working Mondays when I started so I don't know what to think now.

The new girl obviously knew she was entitled to a % of her salary for bank holidays even when not working Mondays and highlighted it. I suspect they they agreed it it but with less holidays and now want me to be on the same.

Any advice please?
Thanks
 
Are you working for a small company?
There's a chance that your employer doesn't know what he's doing, or didn't know what he was doing and is now rectifying it.
The rules are here. It looks like he's changing things so that they are in line with legislation.
The best thing to do it read up on it and have a conversation with him about it in a non-confrontational way.
 
Yes its a small company and I do think they don't really know what they are doing.

I had read the link previously (thank you) you sent so I do think the person that doesn't work Mondays its entitled to 1/5th of their weekly wage.

However can he just take away 3 holidays from me? Seems he made up a reason why he gave them to me in the first place after he realised he gave me too many/maybe the new person negotiated a package that only had the standard 12 days and doesn't want me on more in case they found out.

I only signed a permanent contract recently stating the days. Seems then was the time to rectify or amend them.

Thanks
 
I think it's down to being fair with each other.
If it was a mistake and you are now on the same holidays as everyone else then maybe just take it on the chin. You can always just have an open discussion about it and say that it was one of the reasons you took the job in the first place.
 
If your contract has the original number of days then this is still what you are entitled to. It doesn't sound like you have signed anything yet to agree to the reduction, is that correct? If so, as Purple says, the best thing is to have a conversation again as nothing can be changed without you signing to agree to the changes. If the girl who left had the same amount of holidays in your contract then personally I would not be signing anything to agree to reduce these so be prepared to be firm with the boss on this.
 
Thanks for the replies.

Yes I haven't signed the new contract yet. I verbally agreed as wasn't expecting the meeting and afterwards I thought more about it and then checked the other girls contract and realised she was on the same amount of holiday days.

I don't like confrontation but also don't want to be a pushover. I just hope that if I hold firm on this that he won't decide to then change my days so I wouldn't be working Mondays (though i'd hope he wouldn't do that).

Thanks
 
While no-one should be a pushover and accept worse terms and conditions for no reason, I know plenty of small businesses and indeed large who will have nothing to do with job sharing due to the complications and hassle it brings. I would try and discuss with the boss rationally but I wouldn't be in a rush to start a conflict over it.
 
yes I agree I want to be firm but don't want to create a big issue either.

Seeing as they only set up the job share role for the last girl as she wanted to change from working full time. They were against it at first.

She then left a few months later on somewhat bad terms.
 
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Ok so i talked to my employer and he said if i'm not in agreement with the new contract with reduced holiday days then ill have to change my days back to the 3 days I started on (not working mondays).

So I said i'd think about it. I rang citizens advice and they said the annual leave entitlement is separate to the public holiday entitlement unless stated in my contract. (Which it's not)

So if I had to change my days to not include mondays he would still have to pay me compensation of 1/5 of my working week.

Now I dont think he realises this so bit unsure how to broach it without getting his back up.

Any advice?

Thanks
 
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