Holiday Rights

brianh88

Hi
I have been working as a site team office for a school for 9 months 6 months temp. Then I got the job full time on the 1st October.
In my written contract my Holiday Entitlement say’s

You will be entitled to receive your normal remuneration for all Bank and Public Holidays normally observed in England and Wales and locally and to a further 27 working days holiday in each holiday year.
The holiday year being the period from 1st September to 31st August.

Now my site team manager is saying my contract is wrong I should only have a further 22 day .
They are trying to reduce my holidays from 27 to 22 days can they do this.

Thanks for reading this and any advice you may have.

Yours

Brian

drwho2011

Only with your agreement, then again they could just sack you if you don't agree.

hcb42

well 22 seems more realistic...and probably in line with your colleagues and given you dont really have much protection, it would be wise to accept

The other point (and I havent done the maths ) is he trying to say it is reduced because of the fact contract is not for a full holiday year? Unlikely but a thought.

KiKi

brianh88 wrote: »

Hi
I have been working as a site team office for a school for 9 months 6 months temp. Then I got the job full time on the 1st October.
In my written contract my Holiday Entitlement say’s

You will be entitled to receive your normal remuneration for all Bank and Public Holidays normally observed in England and Wales and locally and to a further 27 working days holiday in each holiday year.
The holiday year being the period from 1st September to 31st August.

Now my site team manager is saying my contract is wrong I should only have a further 22 day .
They are trying to reduce my holidays from 27 to 22 days can they do this.

Thanks for reading this and any advice you may have.

Yours

Brian

If it's a genuine mistake, and everyone else also has 22 days plus BHs, then given that you have less than a year's continuous service (assuming your 'temp' service was through an agency?) I would agree to reduce it. Mistakes happen.

If you refuse, they can give notice to change your contract, so you'd have to go along with it eventually anyway, assuming they made a mistake and are trying to bring you in line with everyone else.

They can dismiss you for any reason (non-discriminatory) for less than a year's employed service, so be very careful.

HTH
KiKi

LittleVoice

When you were a temp were you directly employed or via an agency?

If via an agency then your first year's holiday entitlement (ie to August 2012) would be 11/12 of the full entitlement, being for the period October to August.

You would also be due to get the extra bank holiday next year, of course.

If you were working as an agency temp at first, did you get any accrued holiday when you ceased employment with them?