Extra holiday day dispute

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bb12

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I've been with my employer for 3 years so far. The standard number of holidays given to employees here is 20 days per annum. However on joining the company I negotiated 22 days for annual leave.


My contract states the following regarding annual leave:
22 days per annum plus 9 Public Holidays. Included in this is your statutory entitlement to paid leave each year. Also included are the two days extra, normally only given after three and five year’s service.


The appendix to my contract and the employee handbook which was modified last year and which I had to sign to accept at the time states:

Your holiday entitlement when you join the company is 20 days; additional days are accrued with length of service. After 3 years one day is accrued and after five years one day more. Total holiday entitlement is 22 days after 5 years service.


Now, can anyone tell me if I am entitled to an extra days leave now that I've completed 3 years service with company? My manager is refusing to give it to me so far saying that I'm already at the maximum amount of days the company gives to employees. However shouldn't this sentence in the employee handbook 'After 3 years one day is accrued and after five years one day more. ' mean I get the extra day?
 
No I wouldnt think so because "total holiday entitlement is 22 days after 5 years service", you have not been there 5 years.

If you want to use "'After 3 years one day is accrued and after five years one day more" to your advantage then let your employer use "Your holiday entitlement when you join the company is 20 days" to his advantage and let you owe back the 6 extra days you have taken
 
I'd agree with sandrat. Your contract overrules the terms in the manual, and there is no mention in the contract of extra days.
 
Wouldn;t think you have a leg to stand on - your contract & the handbook refer to 22 days max
 
Agree with San I would think thats the way, you won't get more until the 5 year mark.
 
Smashbox said:
... you won't get more until the 5 year mark.
Click to expand...
No, OP won't get any more annual leave days because -
bb12 said:
... My contract states the following regarding annual leave:
22 days per annum plus 9 Public Holidays. Included in this is your statutory entitlement to paid leave each year. Also included are the two days extra, normally only given after three and five year’s service.
...
Click to expand...
emphasis mine.

No extra days to look forward to unfortunately bb12.
 
I dont thing you have a legal leg to stand on, just be happy you have a job and are being paid for 22 day annual leave !
 
Holtend82 said:
I dont thing you have a legal leg to stand on, just be happy you have a job and are being paid for 22 day annual leave !
Click to expand...

Exactly.
I hope the Op didn't start the thread looking for sympathy; their employer has been very generous and they are trying to exploit that generosity.
 
Purple said:
Exactly.
I hope the Op didn't start the thread looking for sympathy; their employer has been very generous and they are trying to exploit that generosity.
Click to expand...

How have they been very generous? It’s normal when changing jobs to get the same holidays as you have in your current role.

For example - I had 23 in my old job. New job met this and gave 23 and just like everyone else in my current company I have accrued another 2 days due to service to get me to 25.

Granted my contract wording is different and the max anyone can accrue is 30 - which I can never get to. But to say the employer in this case is generous is too much and I think the OP is trying to negotiate a good deal for themselves as anyone else would do.

Just because we are in a recession does not mean that people should be eternally grateful for their job and accept anything their employer suggest. There are still a lot of companies doing well at the moment and some of them are using the recession as an excuse for salary freezes cut backs etc.
 
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