do my employers have to pay me the bank holidays i accrued before i changed my job?

[sweetuphoria]

Before I had my baby I had a salaried job with 25 days a/l per annum plus bank hols.

I went on mat leave and then told them that I wished to return to work part time. They said that I couldn't return to work part time on my current job as it would be detrimental to the workplace, however I wad offered a lower grade job part time which I accepted.

This new job has a different holiday entitlement (5.6 wks no bank hols). My return to work date is 31st may.

I took advise from ACAS who said that I am entitled to 25 days plus any bank holidays up until 31st may (as I was still on mat leave on my old job). However my employers have said that they do not thinking am entitled to have the bank holidays I have accrued added to my holiday entitlement because it is a different job I am going back to.

Could anyone advise.

TIA

[magicmummy1]

I'm no expert but I'd have thought you should be entitled to any benefits accrued, including the bank holidays. But I'm not really sure...

[sweetuphoria]

Thanks, yeah I think so too.

[LostInTransmogrification]

Again I am no expert but you accrued the holidays on your first jobs t&cs so should get them. They can't apply the new jobs holidays to the maternity leave as they weren't the t&cs at the time of your maternity leave.

I've just returned from mat leave with 36 days leave to take, i am returning to a 3 day a week role ( was previously full time ) and I am taking my 36 days holiday now, 3 days a week for the next 12 weeks. If my employer tried to apply the logic yours is they'd pro rata it to 22 ish days, but they can't because I accrued it on a full time contract.

Can you get anything from ACAS in writing? Sounds like your employer is trying it on ( or misunderstands, at the very least)

[sweetuphoria]

Yeah thanks I will give ACAS another call and see of they will put something in writing.

Unfortunately my employer is a small company so don't even have a HR department that I can go through.

[flowery]

ACAS won't put anything in writing for you, it's a telephone adviceline. Have you got a letter saying you are starting the new job from x date, and your terms and conditions will be a,b and c? In which case it's clear the new holiday entitlement starts accruing from that date (presumably 31st May), meaning you accrued holiday on your old contract up until that date.

What exactly are your employers saying? Are they saying that you don't accrue holiday/bank holidays during maternity leave at all, or are they saying you went on to the new holiday arrangements earlier? Depending on what their argument is will make a difference to the best links to give you for them.

[sweetuphoria]

Oh ok, yes I have a job offer letter starting 31st may with new t&cs on.

What they have said is they agree that I accrue my annual leave entitlement during mat leave (25 days pro rata) and this has been added to my new a/l entitlement, but they don't think that I accrue the bank.holidays in the same way. I know they are wrong.

The question is how to prove this to them as they will not take my word for it.

[flowery]

Doesn't sound like a new contract issue then. Give them this link from Businesslink. It confirms you continue to accrue statutory minimum holiday of 5.6 weeks during maternity leave plus anything you are contractually entitled to over and above that. If you work 5 days a week 25 days isn't even the statutory minimum anyway.

[sweetuphoria]

Thanks so much for this flowery.

Yes I know what you mean the 25 days is only 5 wks so they have to give me the bank hols too which will make it just above the minimum 5.6wks.