Part Time Holiday entitlement

Nothern_Monkey

Hi all.
I job share at work, so therefore work half time. 

Before the company I work for was taken over last year I was entitled to the legal minimum of 14 days holiday a year.

I work Thursday and Friday one week then, Monday, Tuesday and Wednesday the following week.
Because of the way bank holidays don’t always fall on my working days I was allowed to take any days left over as annual leave. For example this year bank holidays fall on only one of my scheduled working days.
under the previous company I was therefore allowed to take the other 3 days in addition to my normal annual leave.( 14 days total)
Despite keeping the same contract the new  owners are saying they won’t honour this and will pay any difference at the end of each year.
I maintain I should be entitled to 14 paid  days off per year by law, regardless.

Who is right? 

Many thanks in advance of your answers 😊

Hoenir

What does your contract of employment state with regards to annual leave ?  

Undervalued

Nothern_Monkey said:

Hi all.
I job share at work, so therefore work half time. 

Before the company I work for was taken over last year I was entitled to the legal minimum of 14 days holiday a year.

I work Thursday and Friday one week then, Monday, Tuesday and Wednesday the following week.
Because of the way bank holidays don’t always fall on my working days I was allowed to take any days left over as annual leave. For example this year bank holidays fall on only one of my scheduled working days.
under the previous company I was therefore allowed to take the other 3 days in addition to my normal annual leave.( 14 days total)
Despite keeping the same contract the new  owners are saying they won’t honour this and will pay any difference at the end of each year.
I maintain I should be entitled to 14 paid  days off per year by law, regardless.

Who is right? 

Many thanks in advance of your answers 😊

Bank holidays are irrelevant unless specifically mentioned in your contract. The legal minimum entitlement, for a full time employee, is 28 days paid holiday per year to be taken when the employer chooses. If they are closed on BHs then they are simply telling employees to take those days as part of their holiday. Equally you could be required to work on BHs and take your holiday at other times.

If your hours are 50% of full time then your entitlement is 14 days. You cannot legally be treated less favourably (pro rata) just because you are part time.

General_Grant

The law does not allow them to pay instead of allowing statutory holiday.  (This is when the employment is ongoing: accrued but untaken statutory holiday is to be paid on termination of employment.)
So they are required by law to allow you the time off even though they can tell you when to take this leave (from your normal working days) during your annual leave year.

Nothern_Monkey

Hoenir said:

What does your contract of employment state with regards to annual leave ?  

I’ve never had a proper written contract in nearly 10 years. I started out full time with the legal minimum annual leave at 28 days.
went half time about 3 years ago, half the leave 14 days. Anything not taken on BH that were normal working days could be taken when I want or I would have to save annual leave if they amounted to more than 4. 

Every thing worked fine till new company took over, last year was ok as 4 out of 8 BH’s were my normal working days…This year it’s only one!
As has been backed up here I think I should be legally entitled to 14 paid days off per year.

My new employer doesn’t agree as they don’t have part timers only zero hours workers which I’m not…even if I was I would be entitled to 14 days leave if I worked those hours.
Am I right?

General_Grant

Nothern_Monkey said:

Hoenir said:

What does your contract of employment state with regards to annual leave ?  

I’ve never had a proper written contract in nearly 10 years. I started out full time with the legal minimum annual leave at 28 days.
went half time about 3 years ago, half the leave 14 days. Anything not taken on BH that were normal working days could be taken when I want or I would have to save annual leave if they amounted to more than 4. 

Every thing worked fine till new company took over, last year was ok as 4 out of 8 BH’s were my normal working days…This year it’s only one!
As has been backed up here I think I should be legally entitled to 14 paid days off per year.

My new employer doesn’t agree as they don’t have part timers only zero hours workers which I’m not…even if I was I would be entitled to 14 days leave if I worked those hours.
Am I right?

Yes, you are.
That includes that zero hours workers accrue paid leave entitlement (at 12.069% of actual hours worked).

Hoenir

Nothern_Monkey said:

Hoenir said:

What does your contract of employment state with regards to annual leave ?  

I’ve never had a proper written contract in nearly 10 years.

Then anything your old employer did in excess of the statutory requirements was discretionary. Your new employer is correct in their treatment. 

General_Grant

Hoenir said:

Nothern_Monkey said:

Hoenir said:

What does your contract of employment state with regards to annual leave ?  

I’ve never had a proper written contract in nearly 10 years.

Then anything your old employer did in excess of the statutory requirements was discretionary. Your new employer is correct in their treatment. 

The OP has not indicated that the old employer did anything other than offer the statutory minimum (28 days leave for full-time and 14 days when moved to part-(half-)time).  The OP has not asked for more than that.

The new employer is wrong in their treatment as they are denying their employee the statutory holiday to which they are entitled.  Offering to pay instead is not lawful.  (I know that an employee may agree to receiving pay in lieu of holiday but that is not what the OP wants and is not supposed to be allowed.)

Nothern_Monkey

Thank you all for the helpful replies.
im still not getting anywhere with them. @General_Grant @Undervalued,
im sorry if this appears cheeky but could I just ask what position you are in to know these rules under employment law? 

Are you employers yourselves? Lawyers? Civil servants? Been in the same position?
It would just be useful to know before seeking proper legal advice.
Many thanks again, very much appreciated.

Nothern_Monkey

@Hoenir My previous employer didn’t give me anything in excess of the statutory requirements. 

I was recognised as having a permanent full and later part time contract with set not “zero” hours.
My new employer promised to honour all existing terms and have done so with exception to this.

Hoenir

Nothern_Monkey said:

My new employer promised to honour all existing terms and have done so with exception to this.

There's nothing in writing though.