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Does an employer have to give notice when changing terms of contract? Re Holiday entitlement

30 replies

Kbear · 26/01/2015 11:40

Our employer thinks he can change whatever he wants, at will. A colleague has told him he has to consult with staff before changes. He disagrees.

It's regarding holiday entitlement. The calculations are correct (we are all part time) we think... but some members of staff feel notice should have been given notice of changes in the light of the fact that one person's holiday entitlement has been reduced by 5 days per year.

We are a small company. Less than 30 employees.

Advice appreciated.

OP posts:
ssd · 27/01/2015 21:47

thanks flowery, can I ask you further, if I tell my employer that I believe I shouldn't have my entitlement changed due to custom and practise coming into effect and he says no to that, where do I stand? I work for a very small company, no head office, no HR dept, the bosses decision seems to be law....I think he is working outside the law here but if I challenge him I dont know what to do if he refuses to agree with me?
sorry for hijack kbear!

flowery · 28/01/2015 12:52

Well ssd, ultimately you could bring a claim. In the absence of a contract, the actual holiday you have been consistently awarded is your contractual holiday entitlement. To change terms and conditions of employment your consent must be sought and consultation take place, and conditions of employment cannot be forcibly changed without good business reasons for doing so.

Your first step would be a grievance. I would include failure to provide a written statement of particulars of employment in that as well. Have you told him what ACAS's advice was?

ssd · 28/01/2015 15:51

no, he refuses to discuss it with me, he just sees me as a trouble maker.

the way I see it, I know its wrong and I want to fight it, but to bring a claim about would cost me money I dont have, I earn minimum wage and work part time.

and he knows this.

Kbear · 29/01/2015 14:06

Thanks for everyone who has advised me (and ssd) on this thread !

OP posts:
ssd · 29/01/2015 20:01

Grin thanks for letting me barge jump in kbear!

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