Not giving 28 days annual leave is this something I should pursue?

n1guy

So after some opinions on this.  I recently started a new job, during the interview process I asked about holidays, she named various dates etc, all seemed normal to me, accepted the job and started.

Once I got in after few weeks of talking to others the chat of Christmas holidays came up and other holidays in general, I had said about 28 days got laughed at,"You've no hope" I was told.  It's becoming kinda obvious already given only off 5 days for Xmas, I've never had so little holidays at Christmas tbh. I was told I'd be lucky to get 20 days off. Factory holidays are kinda standard, 2 weeks Christmas, 2 weeks summer, couple of days Easter, then couple of bank holidays.

Now how this is achieved which I don't believe is legal, although I work 5 days per week, only 4 days are classed as full-time working days, Fridays are half day finish lunch time, optional and classed as overtime. So this allows them to just give 21 days as less days worked I think, that's not 21 plus bank holidays that's 21 including bank holidays so 21 total.

No contract or damn all which states anything.  I'm thinking best option is just to keep looking and move on,

Caz3121

When does your leave year run? If jan-dec and you start part way through the year then it would be pro rata for the year. 5.6 weeks including bank holidays is the requirement. If your full time hours are spread over 4 days then your allowance would equate to 22.4 days (4 days x 5.6)

n1guy

Caz3121 said:

When does your leave year run? If jan-dec and you start part way through the year then it would be pro rata for the year. 5.6 weeks including bank holidays is the requirement. If your full time hours are spread over 4 days then your allowance would equate to 22.4 days (4 days x 5.6)

Ah, so it is legal but sneaky.  This explains why the massive increase in condensed hour jobs then, so like a full time 40hr week job squashed into 3 days rather than 5, it allows them to give less leave. 

But I am actually working 5 days and was never told anything about 4 days plus overtime , I was told 5 days

LightFlare

n1guy said:

So after some opinions on this.  I recently started a new job, during the interview process I asked about holidays, she named various dates etc, all seemed normal to me, accepted the job and started.

Once I got in after few weeks of talking to others the chat of Christmas holidays came up and other holidays in general, I had said about 28 days got laughed at,"You've no hope" I was told.  It's becoming kinda obvious already given only off 5 days for Xmas, I've never had so little holidays at Christmas tbh. I was told I'd be lucky to get 20 days off. Factory holidays are kinda standard, 2 weeks Christmas, 2 weeks summer, couple of days Easter, then couple of bank holidays.

Now how this is achieved which I don't believe is legal, although I work 5 days per week, only 4 days are classed as full-time working days, Fridays are half day finish lunch time, optional and classed as overtime. So this allows them to just give 21 days as less days worked I think, that's not 21 plus bank holidays that's 21 including bank holidays so 21 total.

No contract or damn all which states anything.  I'm thinking best option is just to keep looking and move on,

be thankful - we dont get any  apart from the BH and even have to cover extra days for the missed BH

as above - it could depend on when you started the job and when the holidays run as well

Emmia

Normally holiday is sort of on a pro rata basis, so if you started in November, it would be odd to let you have 2 weeks off in December unless you've previously mentioned this and had it agreed before joining. 

I've worked on the days between Christmas and New Year,  finishing on the 23rd (2 days annual leave) and then back on the 27th - before having the 30th - 2nd January off (3 days of annual leave) returning on the 3rd.

That's 5 days of annual leave.

But I think if you're not happy with the arrangement (which gives you half a day, and possibly a whole day every week off) then you should keep looking.

n1guy

Emmia said:

Normally holiday is sort of on a pro rata basis, so if you started in November, it would be odd to let you have 2 weeks off in December unless you've previously mentioned this and had it agreed before joining. 

I've worked on the days between Christmas and New Year,  finishing on the 23rd (2 days annual leave) and then back on the 27th - before having the 30th - 2nd January off (3 days of annual leave) returning on the 3rd.

That's 5 days of annual leave.

But I think if you're not happy with the arrangement (which gives you half a day, and possibly a whole day every week off) then you should keep looking.

Ah I should off explained better my bad.  In small factories the norm is to close down entirely, so holidays are set every year and the place will close down.  Mainly because small factories usual run on bare bone staff and there’s no cover so all off at same time.  So when I started wouldn’t be an issue I just wouldn’t get paid.  These normal
close downs are 

2 week’s Christmas 
2 weeks summer 
2 days Easter and then few other days through out year

But this crowd are giving 1 summer 1 Christmas even though I am working 5 days per week

YBR

How many hours do you work per week?

Can you clarify whether all of Friday is overtime or half of it, and if the latter do you use a half-day leave if you take a Friday off?

n1guy

YBR said:

How many hours do you work per week?

Can you clarify whether all of Friday is overtime or half of it, and if the latter do you use a half-day leave if you take a Friday off?

38 hrs total.  I assume all is overtime although I don’t get paid any extra, if I didn’t go in I wouldn’t get paid no leave is used

Devongardener

Did you get an offer letter before you started?  Ask for a copy of your contract which should show information about holiday entitlement, sick pay etc.

As others have said the fact that you started part way through the holiday year you will only get a pro rata allowance this year.

Any day taken as holiday is still treated as a day regardless of how many hours are worked in that day. So working 4.5 days a week still gives you 5 leave days, although paid as 4.5.  So you are entitled to 20 days statutory holiday days and 8 bank holidays in a full year.    If you can post the details of you leave year start, we can confirm your entitlement for this year.         

Many companies insist annual leave is reserved for any Christmas close down.   If you don’t have enough pro rata entitlement you may have to take some unpaid leave if the office/factory is closed.

Undervalued

n1guy said:

So after some opinions on this.  I recently started a new job, during the interview process I asked about holidays, she named various dates etc, all seemed normal to me, accepted the job and started.

Once I got in after few weeks of talking to others the chat of Christmas holidays came up and other holidays in general, I had said about 28 days got laughed at,"You've no hope" I was told.  It's becoming kinda obvious already given only off 5 days for Xmas, I've never had so little holidays at Christmas tbh. I was told I'd be lucky to get 20 days off. Factory holidays are kinda standard, 2 weeks Christmas, 2 weeks summer, couple of days Easter, then couple of bank holidays.

Now how this is achieved which I don't believe is legal, although I work 5 days per week, only 4 days are classed as full-time working days, Fridays are half day finish lunch time, optional and classed as overtime. So this allows them to just give 21 days as less days worked I think, that's not 21 plus bank holidays that's 21 including bank holidays so 21 total.

No contract or damn all which states anything.  I'm thinking best option is just to keep looking and move on,

I don't know how many times it needs to be said on here but there is no legal entitlement to bank holidays.

A full time employee is entitled to 5.6 weeks paid holiday. That equates to 28 days for somebody who works a "normal" five day week. That holiday is to be taken when the employer allows (or dictates subject to giving fairly minimal notice). Pro rata for part time employees. Any enhancement on the legal minimum is a contractual matter.

Providing the half day is actually optional overtime and not forced on you then the employer is doing nothing wrong.

Although overtime is often paid at a higher rate there is no legal requirement for it to be. In fact, providing it is at least the national minimum wage, overtime can be paid at a lower rate! It is entirely a contractual matter.

n1guy

Undervalued said:

n1guy said:

So after some opinions on this.  I recently started a new job, during the interview process I asked about holidays, she named various dates etc, all seemed normal to me, accepted the job and started.

Once I got in after few weeks of talking to others the chat of Christmas holidays came up and other holidays in general, I had said about 28 days got laughed at,"You've no hope" I was told.  It's becoming kinda obvious already given only off 5 days for Xmas, I've never had so little holidays at Christmas tbh. I was told I'd be lucky to get 20 days off. Factory holidays are kinda standard, 2 weeks Christmas, 2 weeks summer, couple of days Easter, then couple of bank holidays.

Now how this is achieved which I don't believe is legal, although I work 5 days per week, only 4 days are classed as full-time working days, Fridays are half day finish lunch time, optional and classed as overtime. So this allows them to just give 21 days as less days worked I think, that's not 21 plus bank holidays that's 21 including bank holidays so 21 total.

No contract or damn all which states anything.  I'm thinking best option is just to keep looking and move on,

I don't know how many times it needs to be said on here but there is no legal entitlement to bank holidays.

A full time employee is entitled to 5.6 weeks paid holiday. That equates to 28 days for somebody who works a "normal" five day week. That holiday is to be taken when the employer allows (or dictates subject to giving fairly minimal notice). Pro rata for part time employees. Any enhancement on the legal minimum is a contractual matter.

Providing the half day is actually optional overtime and not forced on you then the employer is doing nothing wrong.

I think you’ve missed the point.  The point is, I work 5 days full time hours.  But apparently Friday is optional although they want you to come in they won’t fall out with you if you don’t this allows them to give less holidays.  This was not explained to me in the interview process, all I was told in Monday to Friday 38 hrs per week