Going P/T Employer trying to change my contract - HELP

[BooPants2440]

Hello,

Ok so I currently work full time mon-fri. Finally after a year of hell work have agreed to let me drop two day's and get someone in on a job share with me. Working full time I currently get 25 day's holiday plus bank holiday's on top of this. This has been the case since I started 7 years ago. I don't have a contract just a letter offer of employment. It states the entitlement on it as I said above. Soon I will be dropping to three day's working mon-wed. My boss has,said that when I start p/t my hol's will reduce to 15 day's and within this when a bank hol falls on my working day I have to use my 15 days to have them off I no longer get them on top of my contracted allowance. Is this right?? He talks quite fast and tries to confuse me. Surely he can't make me do this??

Anyone out there work in HR?? Would really appreciate your help.

Thanks

P.S it's a small family business no HR department no one else to talk to just my boss.

The 15 days annual leave sounds fair enough, but not that bank holidays are included in that too.

I work part time and get pro rata bank holiday allowance included in my annual leave. Any bank holidays that fall on my usual working days then have to be taken from my annual leave allowance.

I work in the NHS.

I agree with the 15 day's as that's correct but he appears to be changing my contract which I don't believe he can do without cause and going through the correct procedures. We close for all bank hol's so working on that day would be impossible I have to have them off. I'm sure he's trying to diddle me on that part!

It's not unusual for part-timers to have to use their holiday allocation to cover bank holidays. Would be very unfair in a job share if this wasn't the case - the Monday person gets all the holidays.

But the holiday allocation should take this into account. So, if you currently get 25 days, plus 8 BHs = 33 days total, then switching to 3 days should give you 33 x 3/5 = 20 days total leave, from which you will have to deduct any bank holidays which fall on your working days.

He's changing your contract because you've asked him to by requesting a change in hours! It is legitimate for him to change the terms of people going onto a new contract but he can't treat you differently because you're working p-t.

i.e. if new f-t employees are having BHs deducted from their 25 day holiday allowance than he can change your contract to bring it in line but he can't do it to you just because you're p-t.

I work the same hours and bank hols are added to your allowance and then the pro-rata is worked out.

so 25 +8= 33 days full time

33 /5 x 3 =19.8 for 3 days

If a bank holiday falls on your work day then you will need to use one of your holidays.

I do agree but my main point is that I have worked here a long time on my contract which as a perk is banks on top of my 25 days. Unfortunately for the other person that comes in they will more than likely be on a worse contract than mine. That's up to work & new employee to sort that out, but I'm sure he can't just say now that your p/t you don't get banks anymore.

No, you're taking on a new role so will have to accept (or not) the new standard contract.

As I said, he can't say he's removing the BHs just because you're P-T but if getting BHs was a perk specific to your old f-t contract and not available to other employees then yes, he can legitimately bring your deal in line with everyone else.

As you say, the issue of your job sharer's contract is between them and the boss and so is yours.

All new employee's get the 25 day's plus banks except I guess the new employee once recruited I don't know what they'll be on. There is only 1 part timer and her hol's work like that I think but she can swap her working day around to benefit her to the max if you get me. I would be the first person to go from f/t to p/t and I was under the impression that he can't make me worse off in effect just because I'm p/t. I understand my day allowance would reduce from 25-15 but banks are still on top?? This not the case then? May have to call ACAS see if they can help, don't know who else to call.

Yes, if everyone else is getting BH on top of the 25 days, then he needs to do the same for you (and the new job sharer). ACAS is an excellent place to start if you really can't sort it by talking to him.

surely 25 days per year (pro rata-ed to 15) to include bank holidays is illegal because it is only equal to 5 weeks per year and everyone is entitled to a minimum of 5.6 weeks per year including bank holidays?

Rurbarb, I didn't know that. Think I need some legal advice. I'm getting a tad confused with it all. :(

Good luck with this... I have had some shocking experiences as a part-timer with HR depts just not seeming to understand the legal minimums, etc. So frustrating and unless you want to go to a tribunal sometimes it just seems impossible to get them to understand

Part timers are not legally allowed to be treated worse than full timers. You should have an allocation of pro rata hours for bank holidays and you then use that to book time off if your working day falls on a bank holiday.

Greenwriter that's what I thought. I'll see what his proposal letter states then take it from there.I hate confrontation so hoping it can be resolved easy.

You (and he) need to think in terms of total amount of paid holiday, not separating it out into holidays and bank holidays, as doing that makes it more confusing.

What he's said is not even the legal minimum, which for someone working 3 days a week is 17 days (which can include bank holidays).

He need to give you the same total amount of paid time off as a full timer gets, on a pro rata basis. So if a full timer gets 33 days including bank holidays, you should get 33/5x3=19.8 (20) days including bank holidays.

If he normally gives more than the statutory minimum he's obviously not stingy with holidays, so I imagine it's a bit of a mess up somewhere along the line.

Apparently he's making my contract as a part timer less favourable than a full timer which is not allowed. Just in case anyone else is in a similar position as me!

Flowery - no he's not stingy with hol's but he doesn't want any part timers so he is desperate to deter me from it!

"Flowery - no he's not stingy with hol's but he doesn't want any part timers so he is desperate to deter me from it!"

I imagine refusing your request to work part time would be an easier way of achieving that tbh.

It was refused last year but he's said I'm a valuer member and due to me being persistent and miserable for an entire year he is reluctantly offering the job share.

*valued

You also should have a contract of employment by 8 weeks. Make sure that is done with the new one. Good luck!

Thanks Peezy, I've worked here nearly 8 years and all we have is a letter offer of employment. It has the basics on it though it's only 2 pages! Not sure if that's enough to act as a contract he said it was. Ha!

It might be. You must have a written statement of particulars, which may or may not be in the form of a contract. There is a list of basic information that you must receive in writing, and two pages would normally be adequate to cover legal requirements, so he may be right.

Yes your right Flowery just checked it does cover the minimum! So that is my contract.

Still no letter! Boss said it will be on your desk Tuesday morning it wasn't then he said defo Wed morning... Just got in and nothing....... Annoying!