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Holiday Entitlement
Comments
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My son in a job for 11 months. What's the best way to proceed with a company that won't talk to any union and gets rid of 'troublemakers"?
Seems others aren't bothered about getting their legal minimum holidays.
Unions are for employees, not employers.
Your son has almost no employment rights.
Frankly he either stays on the current terms, or finds a new job.0 -
Tammykitty wrote: »Posted just in case anyone else is reading it, with more than statutory holidays or in case the OP gets 28 days plus bank holidays, in which case it would apply
It wouldn't be treating them less favorably, if company policy is to round down annual leave for all employees, full time employees would have their leave rounded down in the year they start and the year they leave.
My old work operated a policy whereby, they give 2.33 days per month leave (for full time employee). I started mid month in November, (I think leave year was ended Sept)
So they tried to tell me I was entitled to 23 days leave (2.33*11) - 23.3 and then they rounded down to 23.
As we were a manufacturing plant, we had Christmas shutdown, and they deducted 2 days from me for this (unauthorized deduction??), as they said I didn't have enough leave to cover it and the remaining shut downs!
It was a big company too, so I had a fight on my hands with HR, which I am pleased to say I won - however they didn't change their policy, and any other new employees were cheated out of leave too.
Yes your employer can tell you when to take annual leave0 -
His manager told him they get too many holidays as it is, would get less if he got his way and if he wanted to make an issue of it there would be problems for him.Unions are for employees, not employers.
Your son has almost no employment rights.
Frankly he either stays on the current terms, or finds a new job.
I've told him to make a real issue of it once he's secured new employment.0 -
Tammykitty wrote: »......
My old work operated a policy whereby, they give 2.33 days per month leave (for full time employee). I started mid month in November, (I think leave year was ended Sept)
So they tried to tell me I was entitled to 23 days leave (2.33*11) - 23.3 and then they rounded down to 23.
As we were a manufacturing plant, we had Christmas shutdown, and they deducted 2 days from me for this (unauthorized deduction??), as they said I didn't have enough leave to cover it and the remaining shut downs!
The law is clear in the first 12 month you accrue leave at 1/12 at the start of each calendar month rounded up to 1/2 days.
Statutory leave in Dec for a Nov starter would be 2.5 days.0 -
His manager told him they get too many holidays as it is, would get less if he got his way and if he wanted to make an issue of it there would be problems for him.
I've told him to make a real issue of it once he's secured new employment.
No, never make an issue of it, unless you want him to have a bad reference0 -
Tammykitty wrote: »It wouldn't be treating them less favorably, if company policy is to round down annual leave for all employees, full time employees would have their leave rounded down in the year they start and the year they leave.
What about all the other years?!“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
My son in a job for 11 months. What's the best way to proceed with a company that won't talk to any union and gets rid of 'troublemakers"?
Seems others aren't bothered about getting their legal minimum holidays.
There isn't realistically a huge amount you can do. If he's going to push for his statutory annual leave entitlement he should do so in writing. If the reason for his dismissal, or the main reason, is his asserting his right to his time off he could bring a claim for automatically unfair dismissal. Risky, obviously as he might not win and even he does it won't be a huge amount, and he'll be out of a job... but for that reason it makes sense to everything in writing.
I would have thought he could use the threat of litigation to push for a negotiated reference.
Sometimes the best remedy is just to move on with your life though.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0
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