Backdating Increase of Holiday Entitlement for Staff who started during the financial year

beatrixx

Hi

My employers have increase our holiday entitlement by 5 days per year, which they will backdate to the start of the financial year (our year runs September - August). This is for all staff no matter the length of your employment.

I've been told that I'm not entitled to this increase because they are only backdating the entitlement for staff who were in employment on the 1st September. I started after this date. However, someone new starting this week will have the increase included in their holiday entitlement for this current year, pro rata'd. I got a shoulder shrug when I questioned this.

I'm struggling how they can do this. Are they allowed to do this?

Thanks

beatrixx

I must add that I realise that if I was entitled to backdated holiday entitlement it would be to my start date only. But is not even happening.

tizerbelle

As long as you get the statutory minimum of 5.6 weeks including bank holidays (pro-rated for the period of the holiday year you are employed) and there is no discrimination based on protected characteristics as to why you aren't getting the pro-rated extra then, yes they can do it. 

Grumpy_chap

beatrixx said:

Hi

My employers have increase our holiday entitlement by 5 days per year, which they will backdate to the start of the financial year (our year runs September - August). This is for all staff no matter the length of your employment.

I've been told that I'm not entitled to this increase because they are only backdating the entitlement for staff who were in employment on the 1st September. I started after this date. However, someone new starting this week will have the increase included in their holiday entitlement for this current year, pro rata'd. I got a shoulder shrug when I questioned this.

I'm struggling how they can do this. Are they allowed to do this?

Thanks

When (after 1st September) was your start date?
Are you getting the pro-rata increase from the date the increase came into effect?

I am inclined to say they are allowed to do this, so long as the reason for not extending the increase to all staff is not connected to a protected characteristic (which it does not sound to be).

amanda1024

It would be worth checking that what they’ve done matches their own policies. You could also talk to your union if you’re a member

Savvy_Sue

I can see why they'd do it for new hires but not for 'late starters': they don't really have a choice about the former. It may be that the logistics of re-calculating for the latter have put them off: are there many of you? I feel there's strength in numbers here: your individual unhappiness may not register, but a group of you may get further. Especially if you're in a union.

EnPointe

beatrixx said:

Hi

My employers have increase our holiday entitlement by 5 days per year, which they will backdate to the start of the financial year (our year runs September - August). This is for all staff no matter the length of your employment.

I've been told that I'm not entitled to this increase because they are only backdating the entitlement for staff who were in employment on the 1st September. I started after this date. However, someone new starting this week will have the increase included in their holiday entitlement for this current year, pro rata'd. I got a shoulder shrug when I questioned this.

I'm struggling how they can do this. Are they allowed to do this?

Thanks

assuming you all ready recieve at least the minimum legal amount of holiday and the employer has not breached  their own polices they can do this 

 they have varied the contracts  of those in post on 1/9  last year from  that date, they have varied  your  contract ( and presumably anyone else in that position ) with effect from this 1/9 

 the new starter has contract from their start  date which appears to have  always had the new entitlement 

 it;s likely legal  even if  it's a !!!!!! move from management 

beatrixx

Thanks to everyone for your advice.

I found someone in HR who was more helpful and confirmed that everyone is entitled in the new holiday entitlement. It will be backdated to the start of the financial year or their start date should the staff member have started within the current year. It's not their policy to roll out new benefits to some staff. 

They are a huge company which is heavily unionised, plus very hot on inclusivity, for them to suddenly start to exclude certain groups of staff, just didn't make sense. The senior manager who told me that I wasn't entitled, I have a feeling that they were given the message by someone that it would have been too much admin for.