Can my employer go back on their word with my holiday entitlement?
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Can my employer go back on their word with my holiday entitlement?
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The company I work for went through a merger last year with several other companies. This lead to all of the employees receiving new contracts to sign earlier this year. As they were in a hurry to get staff to sign the new contract they verbally promised the staff that we could have 20 days holiday plus the 8 bank holidays from this year even though this amount doesn't become law until October 2009. This was also backed up in writing in the written contract that I signed in July this year.
However my employer is now saying that the holiday entitlement is on a pro rata basis and as the contract was not signed until July I am only entitled to 18 days plus bank holidays. However there is no mention of pro rata in my contract. I have been working for this employer for the employer for the last 8 years.
Could anybody give me advice on where I stand in this matter?
Additional Details
Thanks Paul,
Just to try and clarify, previously I was only entitled to 16 days holiday on my old contract, but the new contract I signed in july entitles me to 20 days per anum.
However as the contract was signed in July my employer is now saying that I am only entitled to 18 days this year as the contract was signed midway through the year. There is no mention in the contract that the additional days would be on a pro rata basis from when the contract was signed.
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paul h
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Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) a new employer cannot easily change terms and conditions of employment enjoyed by existing employees on said transfer.
If you have signed a new contract since the transfer, accepting lesser terms and conditions, you may find it difficult to dispute in a Employment Tribunal (ET). You do not give the full facts of your particular concern but you may find it helpful to follow this link for information on your rights and possible remedies: http://www.tssa.org.uk
Good luck. |
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Green-Monkey
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They are right, your holidays are pro rata. For example, if you were to go and get a new job that had 25 days holiday annually and you decided to take 2 weeks off in your second month, odds on you would only get paid for 4 of them as this is how many you would accrew in this time frame.
You are slightly wrong on the law though. In Oct 2008 it became law to have minimum 20 days holiday plus 4 bank or public holidays. In April 2009 it will become law to have 20 days holiday plus bank and public holidays. Needs to say bank and public holidays in your contract otherwise they are breaking the law. |
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k
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For starters EVERY full time employee is LEGALLY (became law on 1st October 2007) entitled to 24 days PLUS the 8 Bank Holidays.
Does your contact say how meny hours you are required to work? Pro rata only applies to part time staff. |
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