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Annual Leave and Employment Law?
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Annual Leave and Employment Law?

This is a UK question.

I am currently paid 20 days annual leave with the 8 days bank holiday on top. I understand that with effect from October 2007, if you are a full time worker working Mon-Fri, the entitlement was raised to 24 days (of which the Bank Holidays can count as part of). However, as I am already paid Bank Holidays, can my employer refuse to pay me the additional 4 days paid leave I am entitled to?
Additional Details
I am about to ask my employer to increase my current allowance of 20 days to 24 days. The question is, can they refuse? I am paid bank Holidays *on top* of the 20 days allowance.


    




Richard III
annual leave entitlements are set by your employer, not the government.

Under enlish law, if you sign a contract egiving you no annual leave, thats exactly what you'll get,


KJ
Rating
If your contract states that you are paid 20 days holiday plus bank holidays then your employer is trying to vary the terms of your employment and must give you notice of this and should ideally liaise and get agreement from their staff. However, if you don't agree to the new terms your employer can terminate your contract and offer you a new one with new conditions - see this link http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116.

Employment law says that full time employees are entitled to a minimum of 4.8 weeks paid (24 days) - this can include bank holidays. So effectively an employer can just pay their staff for an additional 16 days - however most pay at least 20 days plus bank holidays. From April 2009 this entitlement will increase to 5.6 weeks.

EDIT: Your employer can refuse to increase your holiday as they are already meeting the statutory minimum.


k
The Law as of October 2007 is 24 days Annual Leave PLUS the 8 Bank Holidays.

You employer was breaking the law before October 2007. Contact the CAB for further advice if your employer refuses to increase your holiday entitlement.





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