short time working probs.

yorkshireOAP

Hi,
My wife has been working for the same employer for 2 years 10 months after been headhunted.
In April of this year she was put on short time, hours reduced from 37 to 20, and still is on short time. Her employer has informed her she now has lost a substantial amount of paid holiday entitlement and will have holidays on a pro rata bsis. She still has a full time contract, which has not been changed.
Can she challenge this?

Regards

ohreally

What was agreed when she accepted the reduction in contracted hours, was this for a determined period, indefinite or some other arrangement?

Depending on the agreement, she may find the employer position is one of her accepting a permanent change to her terms.

SarEl

No. Holidays accrue according to your working hours. She has been working reduced hours and therefore her accrual of leave reduced alongside that. She hasn't technically lost anything - she still gets 5.6 weeks (or her contractual entitlement), but it is 5.6 weeks pro-rata to her current working hours.

The employer didn't have to issue a new contract.

ohreally

SarEl wrote: »

Holidays accrue according to your working hours.

Beg to differ. A/L will accrue based on days in standard working week, think about it.


Edit: Op, for clarification, what is your wife looking to challenge, the reduction in contracted hours or holidays?

yorkshireOAP

The change in hours were for an indefinite period. She worked 5 full time days, now works 4 mornings only. She would like to challenge the loss of annual leave. She is continually challenging the shorter hours, but not winning

Rgeards

SarEl

ohreally wrote: »

Beg to differ. A/L will accrue based on days in standard working week, think about it.


Edit: Op, for clarification, what is your wife looking to challenge, the reduction in contracted hours or holidays?

I have thought about it thank you and I am still correct. She has been working reduced hours since April - it is now December. If she were to complain about her contractual change then she should have done it months ago. Her full time hours were 37, and she now works 20. Her accrual is therefore 20/37ths (in hours) - as I stated before it is not a "loss" - she still gets 5.6 weeks equivalent, but the actual leave is pro-rata to the full time rate. Not everyone works a standard week.