Holiday entitlement - confusing wording in contract!

Sib

I started work with my employer in June 2008 (small company of 4 including the MD) on the understanding that I was entitled to 24 days of paid holiday a year plus bank holidays. My holiday for the rest of 2008 was worked out on this basis, pro-rata, by my MD. I have only taken 14 days so far this year.
My MD has a new legal advisor who has said that according to the employment contract, dated 26.09.08, I am only entitled to 24 days including bank holidays.
The exact wording on the contract is “The Employee shall be entitled to 24 days’ paid holiday in each holiday year together with Public or bank holidays”
I would define ‘together with’ as ‘in addition to’, where as my MD and Advisor define it as ‘inclusive of’. Could someone please confirm which is correct when used in contracts and how it can be proved?
My MD says my contract will be changed as the minimum entitlement for holidays has been increased to 28 days including bank holidays by the government but that will mean I have 4 less than I thought I had.
If I can prove that my definition of ‘together with’ is correct, then there will be no need for new contracts and I will not lose the 4 days holiday…so I would be very grateful for some help on this!

Lakeuk

I agree with your definition, heres a couple of example I've found :-


For example,

"He arrived at the theater together with his girlfriend"

"The lawyer found the will, together with other papers, in the murdered man's files"

Based on these I'd say the statement means that bank holidays are in addition

Some more examples:-
http://www.wordia.com/together

http://www.thefreedictionary.com/together

Together with is often used following the subject of a sentence or clause to introduce an addition. The addition, however, does not alter the number of the verb, which is governed by the subject: The king (singular), together with two aides, is expected soon. The same is true of along with, besides, and in addition to

Sib

That's great.

I'm sure I am right and this is just a sneaky way for the company to cut down our holiday entitlement to save money! I will have no choice but to sign a new contract accepting 28 days including bank holidays if that is what they intend to do, I need the job at the moment. But I would much rather they openly admit so rather than twisting the wording of the contract like this - it's cheating!

moneysavingexpert79

If your employer is hiring a legal adviser to save money in this fashion then I'd consider looking elsewhere for a job because he's either in the financial poop or he doesn't like you.

The ridiculous thing is that the amount of time that it took for this legal adviser to try and fiddle you out of 4 days holiday would have cost more than actually paying you the 4 days holiday.

The_Pedant

As you correctly say, if you are in a full time role then the statutory minimum is 28 days (either 20 days+bank holidays, or 28 days inclusive).

As the contract is signed so recently I would say it can safely be inferred that the bank holidays are in addition to the 24 days (otherwise they would be providing you with less than the minimum statutory requirement).

Consider this: if someone says "I will give you x, together with y" then both items are separate entities in their own right (consider replacing x & y with "the ticket money" and "the money I owe you"). The 'together' simply implies that you are providing them both.

Therefore, Statutory requirements on minimum holiday entitlements and the english definition of the word 'together', would I expect, lead a reasonable person to conclude that the contract wording refers to 24 days holiday, plus bank holidays.

Savvy_Sue

Point out to your employer that you WERE entitled to 32 days, 24 plus 8 BHs, and now he is reducing this to 28. As such it is a substantive change to your contract, about which you should be consulted.

Try ACAS for further advice.

Anihilator

The problem is if you sign the new contract with 28 days you have deemed to have accepted the change.

Fight it now and explain that it is and always was meant to be 24 days and public holidays on top.

juliescot

I do hope your MD is not paying a lot of money for this "advice"

If so he is entitled to a rebate.