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Not giving 28 days annual leave is this something I should pursue?
Comments
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elsien said:n1guy said:stu12345_2 said:when you start a job, you accept the general terms of the job, it doesnt have to be in writing, it can be verbal, but the employer must produce a written contract within 2 months of starting.
so your job is basically mon to friday with friday being optional. So if you do always go in on a friday they have to pay you 38 hrs worth of holiday pay, cos you did the full mon to fri 38 hrs hours.
days while me looking 28. Hence why I think I’m better cutting my losses sooner rather that later
and anyway, if you had a week off when they are in, they wouldnt know any difference cos they only do mon to thu, and they wouldnt see you anyway for 4 days, cos thats their norm, cos they only do 4 days. but if its factory shutdown, you wouldnt see each other anyway for 2 weeks, you just get the bigger pay packet than themChristians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )
https://capuk.org/contact-us1 -
elsien said:n1guy said:stu12345_2 said:when you start a job, you accept the general terms of the job, it doesnt have to be in writing, it can be verbal, but the employer must produce a written contract within 2 months of starting.
so your job is basically mon to friday with friday being optional. So if you do always go in on a friday they have to pay you 38 hrs worth of holiday pay, cos you did the full mon to fri 38 hrs hours.
days while me looking 28. Hence why I think I’m better cutting my losses sooner rather that later really0 -
join a union and ask union rep or get union rep to help by asking the questionsChristians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )
https://capuk.org/contact-us2 -
ISTR that where o/t is regular, like thisFriday situation employers are obliged to include it in their holiday calculations. I think that might just be in calculating holiday pay rather than number of days accrued, although that doesn't make much difference, if you worked every Friday o/t you'd get paid more for a days holiday so could afford to take unpaid leave/not work some o/t Fridays or just have more money in your pocket0
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stu12345_2 said:when you start a job, you accept the general terms of the job, it doesnt have to be in writing, it can be verbal, but the employer must produce a written contract within 2 months of starting.
so your job is basically mon to friday with friday being optional. So if you do always go in on a friday they have to pay you 38 hrs worth of holiday pay, cos you did the full mon to fri 38 hrs hours.
Your reference to two months is slightly out-of-date. The two months (in which to have provided the written particulars) ended in 2020 as far as the principal statement is concerned. It remains for the wider written statement.
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General_Grant said:stu12345_2 said:when you start a job, you accept the general terms of the job, it doesnt have to be in writing, it can be verbal, but the employer must produce a written contract within 2 months of starting.
so your job is basically mon to friday with friday being optional. So if you do always go in on a friday they have to pay you 38 hrs worth of holiday pay, cos you did the full mon to fri 38 hrs hours.
Your reference to two months is slightly out-of-date. The two months (in which to have provided the written particulars) ended in 2020 as far as the principal statement is concerned. It remains for the wider written statement.
You can't take this failing, on its own, to an employment tribunal. If you have some other valid claim it can be added to it and might (at the tribunal's discretion) lead to a small uplift in any award - but usually doesn't.0 -
n1guy said:stu12345_2 said:why would you only want to do mon to thu and get less holiday entitlement, just do the mon to friday and get the full 38 hrs a week worth of hols, the full 28 days. also you can get more than 28 days, as an employer has to look at the total hours worked in the last 12 weeks, and if there O/Time, you get more holiday pay money
If you chose to condense your 38 hour week into working Mon - Thurs. Then you always have Friday's off by default. You aren't being paid for Fridays. So why should the employer pay you for these days that you decide are annual leave days? This would be your a financial advantage to you over other employees that remain working 38 hours over 5 days a week.
Most employers calculate annual leave on the basis of the standard working week for all employees. Those employees working different day patterns or part time receive their holiday entitlement pro rata'd based on the hours they actually work. Employees then claim hours from their annual allowance as and when they book paid leave.
Holiday entitlement is written into employment law. Employers are subject to periodic HMRC payroll audits part of which is to check historic employee leave records.
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Hoenir said:n1guy said:stu12345_2 said:why would you only want to do mon to thu and get less holiday entitlement, just do the mon to friday and get the full 38 hrs a week worth of hols, the full 28 days. also you can get more than 28 days, as an employer has to look at the total hours worked in the last 12 weeks, and if there O/Time, you get more holiday pay money
If you chose to condense your 38 hour week into working Mon - Thurs. Then you always have Friday's off by default. You aren't being paid for Fridays. So why should the employer pay you for these days that you decide are annual leave days? This would be your a financial advantage to you over other employees that remain working 38 hours over 5 days a week.
Most employers calculate annual leave on the basis of the standard working week for all employees. Those employees working different day patterns or part time receive their holiday entitlement pro rata'd based on the hours they actually work. Employees then claim hours from their annual allowance as and when they book paid leave.
Holiday entitlement is written into employment law. Employers are subject to periodic HMRC payroll audits part of which is to check historic employee leave records.
They completely didn't get it and thought it fine I only got 2 weeks off a year. Didn't stay there long.0 -
housebuyer143 said:Hoenir said:n1guy said:stu12345_2 said:why would you only want to do mon to thu and get less holiday entitlement, just do the mon to friday and get the full 38 hrs a week worth of hols, the full 28 days. also you can get more than 28 days, as an employer has to look at the total hours worked in the last 12 weeks, and if there O/Time, you get more holiday pay money
If you chose to condense your 38 hour week into working Mon - Thurs. Then you always have Friday's off by default. You aren't being paid for Fridays. So why should the employer pay you for these days that you decide are annual leave days? This would be your a financial advantage to you over other employees that remain working 38 hours over 5 days a week.
Most employers calculate annual leave on the basis of the standard working week for all employees. Those employees working different day patterns or part time receive their holiday entitlement pro rata'd based on the hours they actually work. Employees then claim hours from their annual allowance as and when they book paid leave.
Holiday entitlement is written into employment law. Employers are subject to periodic HMRC payroll audits part of which is to check historic employee leave records.
They completely didn't get it and thought it fine I only got 2 weeks off a year. Didn't stay there long.
In the past, when holiday entitlement was lower, it wasn't uncommon for factories etc to close for two or three weeks per year and allow little if any other holiday.
It is still perfectly lawful to shut for 5.6 weeks per year and allow no other holiday - although that might make attracting and retaining staff a bit tricky!0 -
Undervalued said:housebuyer143 said:Hoenir said:n1guy said:stu12345_2 said:why would you only want to do mon to thu and get less holiday entitlement, just do the mon to friday and get the full 38 hrs a week worth of hols, the full 28 days. also you can get more than 28 days, as an employer has to look at the total hours worked in the last 12 weeks, and if there O/Time, you get more holiday pay money
If you chose to condense your 38 hour week into working Mon - Thurs. Then you always have Friday's off by default. You aren't being paid for Fridays. So why should the employer pay you for these days that you decide are annual leave days? This would be your a financial advantage to you over other employees that remain working 38 hours over 5 days a week.
Most employers calculate annual leave on the basis of the standard working week for all employees. Those employees working different day patterns or part time receive their holiday entitlement pro rata'd based on the hours they actually work. Employees then claim hours from their annual allowance as and when they book paid leave.
Holiday entitlement is written into employment law. Employers are subject to periodic HMRC payroll audits part of which is to check historic employee leave records.
They completely didn't get it and thought it fine I only got 2 weeks off a year. Didn't stay there long.
In the past, when holiday entitlement was lower, it wasn't uncommon for factories etc to close for two or three weeks per year and allow little if any other holiday.
It is still perfectly lawful to shut for 5.6 weeks per year and allow no other holiday - although that might make attracting and retaining staff a bit tricky!0
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