Question about holiday

bebadshroudtv

Hi all, 

 Hopefully a simple one. Have worked for the same place for 3 years and have always had holiday of 28 days ( inclduing bank holidays ) 

We all work monday to friday with set hours. They are now saying we have been overpaid for the prvious years and we are only entitled to 19 days a year including bank holidays 

This isnt correct right? How can we work mon-fri every week on a perminant contract and not be entilted to the 28 days we always have recieved?

Thanks for any help 

la531983

Wouldnt be surprised if this is breaking the law. If your wages have been overpaid they really should be clawing it back actually through wages, and not by taking your holiday entitlement to well below the legal minimum.

bebadshroudtv

la531983 said:

Wouldnt be surprised if this is breaking the law. If your wages have been overpaid they really should be clawing it back actually through wages, and not by taking your holiday entitlement to well below the legal minimum.

Thanks for the reply, the actually said they were going to be nice and not ask us for the money back from the holiday days we have already taken over the last few years but that our holiday was down to 19 days ( or less for some ) for this year 

Our contract says 20 days + 8 bank holidays btw. Really just posted here for confirmation they are wrong as its a smaller business and they seem clueless 

la531983

What are they actually claiming? That the salary they have paid you has been too much? Have they now cut your salary?

Or are they saying you have been given too many holiday days?

Undervalued

bebadshroudtv said:

Hi all, 

 Hopefully a simple one. Have worked for the same place for 3 years and have always had holiday of 28 days ( inclduing bank holidays ) 

We all work monday to friday with set hours. They are now saying we have been overpaid for the prvious years and we are only entitled to 19 days a year including bank holidays 

This isnt correct right? How can we work mon-fri every week on a perminant contract and not be entilted to the 28 days we always have recieved?

Thanks for any help 

Are your "set hours" the same on all days of the week?

For a "normal" full time job the statutory minimum holiday is 5.6 weeks (28 days) to be taken when the employer chooses. So, if they are closed on bank holidays then that is 8 of your 28 days that you have been instructed to take.

Where it gets more complicated is if some of the set days are a different length to the others.

bebadshroudtv

Thanks for the replys they have come back and said this is correct.....

A ;ady wporks 3 hrs a day mon to friday so 15 per week. I work out her holiday using the formula of 3hrs x 28 days entitlment = 84 hrs or 28 days 

They have it worked out as 84 hours but only nine days holiday and saying its because it pro rata 

Undervalued

Yes, she is entitled to 28 of her 3hr days as paid holiday. That may well be roughly equal to 9 days pay for a full time employee, depending on how long a full time day actually is.

It would be unlawful to treat a part time employee less favourably than a full time person doing the same job. Strangely though, it is lawful to treat the part time person more favourably. It doesn't work both ways!