Is my employer breaking the law with regards to holiday entitlements?

Passion_Fruit

I currently work nights from 10pm - 6am (mon - fri 5 days a week)

I was under the impression that i was due 28 days holiday (with 8 being reserved for bank holidays) as thats what my manager seemed to suggest, but upon checking my contract which i signed on the 1st of October 2012, it states that i receive 20 days EXCLUSIVE of bank holidays. So 20 days only.

Upon researching into this, in 2009 statutory holiday entitlement went up to 28 days either inclusive or exclusive of bank holidays by the discretion of the employer...

Is there something i am not understanding with regards to this? are they illegally limiting my holidays or is there some "loophole" where they can legally give me ONLY 20 days?

As far as i am able to tell, i should get 28, so i am being conned out of 8 days, is this correct?

I am a loading operative, though that shouldn't have any bearing on what holidays i receive, surely.

If someone knowledgeable could reply, i would be very greatful.

Thank you.

Takeaway_Addict

take your company name out of the post.

You are entitled to 5.6 weeks (28 days) if you work 5 days a week. The way I read your contract it means that the 20 days are on top of bank holidays which can count towards your entitlement.

And I suspect you've made an error because no where does it look like you are 20 days out?

Passion_Fruit

Takeaway_Addict wrote: »

take your company name out of the post.

You are entitled to 5.6 weeks (28 days) if you work 5 days a week. The way I read your contract it means that the 20 days are on top of bank holidays which can count towards your entitlement.

And I suspect you've made an error because no where does it look like you are 20 days out?

Indeed, i am 8 days out. I have had 3 hours sleep since i got in this morning and then went on my hunt for holiday information so im not at my brightest.

As i stated, my contract states 20 days exclusive of any bank holidays, which to me states that i receive 20 days only?

We are expected to work all bank holidays apart from those over the christmas period which come out of our allotted 20 days.

Ddunn

exclusive means without?

so it could either read 20 days exclusive of any bank holidays

or

28 days inclusive of any bank holidays.

bap98189

20 days EXCLUSIVE of bank holidays is 28 days holiday, 20 days + 8 bank holidays each year. This is the normal statutory holiday entitlement.

Passion_Fruit

So it's me basically mis reading and what Bap says is correct, so for clarification i get 20 days which excludes bank holidays, and then the remaining 8 of the statutory 28 is for bank holidays.

I have one more question if i may. We receive double time on bank holidays BUT i only ever work two hours of it, and thus only receive double pay for those two hours... What would be the procedure (by law if there is one) regarding those remaining 8 days if my shift only falls two hours into it. Surely (trying to be logical) i am not receiving my full remaining 8 days?

Thanks again for any help you can provide and have already provided.

Ddunn

https://www.gov.uk/holiday-entitlement-rights/entitlement

Your holiday should be able to be taken else where

http://www.adviceguide.org.uk/england/work_e/faq_index_employment/faq_employment_entitlement_to_bank_holidays.htm

Passion_Fruit

Thank you, i think the total amount of hours worked at double time over bank holidays equals 16 hours divided by the 8, so it would be fair to assume that by law i would still be due 6 days ontop of the 20 to be taken elsewhere as normal having worked the equivilant of two at double pay, that is how i look at it logically anyway, i will raise this with my employer and take it further if need be (as my shift managers are notoriously difficult)

paddedjohn

A lot easier if your employer pays you your holiday pay for the bank holidays and then pays you an extra 2 hrs overtime in your wages.
If you are only working 2 hrs on the bank hols then you are still getting the rest of the day off as holiday so at best you may be able to claim back 8x2hrs= 2 days extra leave.