Dodgy work contract term?

Benjamin_Joseph

I recently started a new job and my work contract defines when I must take my annual leave. It say that I must take:
“at least:
50% during April to September
25% during October to December
25% during January to March.”

How can I meet this?
My issue is with the phrase “at least”.
Surely if I meet the first condition by taking 55% of my leave between April to September, then I’m unable to meet the second and third condition.
Or is this a technical legal phrase that is accepted in employment law to mean something like “as close to as possible”?

I’m wondering if this would potentially void the whole contract should a dispute arise, as it’s seemingly impossible to meet this condition and they’ve not included the usual blurb about severability to say that the rest of the contract would remain in force if one condition is found to be unenforceable.

Not worried yet as I’m sure we’re all reasonable people where I work, but I would like to be sure my contract is sound.

Kentish_Dave

It’s easy to meet the requirements if your leave days are divisible by four, impossible if they are not.

I should have said divisible by two, as you can take half days...

Benjamin_Joseph

Kentish_Dave wrote: »

It’s easy to meet the requirements if your leave days are divisible by four, impossible if they are not.

I should have said divisible by two, as you can take half days...

I have 23 days of leave. So they’re not really divisible by 4 unless I take quarter days which would seem a bit weird.
But I’m really looking for an answer on whether this is an enforceable contract term and whether “at least” has a special legal meaning in this context.

getmore4less

Simple issue to raise.

Just ask what does this mean?

More important is to ask what happens if business needs mean you can't take the holiday as per the contract.

getmore4less

23days is less than the legal minimum if working a 5 day week.

The holiday terms being unwork able would not invalidate the full contract.

Benjamin_Joseph

getmore4less wrote: »

Simple issue to raise.

Just ask what does this mean?

More important is to ask what happens if business needs mean you can't take the holiday as per the contract.

Thanks. I did ask this and then said not to worry about it. I don’t think they understand the contract either as it doesn’t seem as well written as my last one.
This is why I want someone independent to verify what they think.

Benjamin_Joseph

getmore4less wrote: »

23days is less than the legal minimum if working a 5 day week.

The holiday terms being unwork able would not invalidate the full contract.

Ah, well someone did mention they were going to increase me to 25 days anyway. So that makes sense if they’ve realised I should be on more.
I still need to know how I’m supposed to divide up my holiday though.

Tigsteroonie

I think it's just a badly worded clause. My interpretation would be as it states without the phrase "at least".

Does it really matter?

Are you looking to use this as a way of getting out of the contract in the future? Or am I too cynical

Benjamin_Joseph

Tigsteroonie wrote: »

I think it's just a badly worded clause. My interpretation would be as it states without the phrase "at least".

Does it really matter?

Are you looking to use this as a way of getting out of the contract in the future? Or am I too cynical

Thanks. I’m hoping that’s the case. Just wanted an opinion from someone who knows about employment contract law as it seems nonsensical.
And I’m not trying to get out of the contract. Well, not yet anyway. The job is good and all the people I’ve met so far seem good sorts. Just had a bad experience once before and it makes me wary when I sign my rights away these days. I’m an honest guy, honest, you can trust me :-)

getmore4less

Benjamin_Joseph wrote: »

Ah, well someone did mention they were going to increase me to 25 days anyway. So that makes sense if they’ve realised I should be on more.
I still need to know how I’m supposed to divide up my holiday though.

If you work 5 days 28 days minimum.

What does the rest of the holiday part of the contract say.

Benjamin_Joseph

getmore4less wrote: »

If you work 5 days 28 days minimum.

What does the rest of the holiday part of the contract say.

It says I’m entitled to bank holidays on top of my current 23 days annual leave. So I don’t think I’m under the statutory minimum. And the increase to 25 days they’ve mentioned is probably just cos they’re trying to align everyone’s entitlement across the company.
Thanks for trying to get me some extra holiday but my question was about the phrase “at least” and whether it’s unenforceable and whether that then voids the whole contract if we got in to a dispute.
And I’m not trying to get out of the contract now. I’ve just started the job and like it. I just want to know where I’d stand if something did go wrong.