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Work xhanging holiday entitlement

34 replies

Tashacampbo85 · 05/12/2024 08:12

I work Monday weds and Friday for ly company. I have had holiday entitlement of 15 days plus bank holidays for the last four years.
Work have now advised that they are changing my holidays to be 16 days including bank holidays. Can they do this? It now feels
like i am working extra days each year with no
extra pay as ive gone from 21 ish holidays with bank holidays to only 16.
i am the only working mum in the company and this will seriously mess up my childcare during the school holidays which is when i usually use my days.
after any advice and confirmations that he can legally reduce my holidays without any conversation etc. i literally received an emailing me telling me this is the new normal.
thanks in advance

OP posts:
NobleWashedLinen · 06/12/2024 07:38

Ah so you are actually 0.5fte as Wednesday is only a half day.

16 days including Bank Holidays is correct as it is 50% of what full time employees are getting under the new Ts&Cs.

The employers made two serious mistakes previously. Under the old system when full time employees were getting 28 days plus bank holidays your entitlement should have been no more than 18 days including bank holidays so you should have had only 10 days of non-bank-holiday annual leave - which would be 4 weeks as you would only need to take 2.5 days of leave to have a week off. If the annual leave booking system couldn't cope with half days that might have been administered as 12 days with 3 days being used for a week off.

They miscalculated that and then failed to apply it properly and accidentally gave you extra leave for the last 4 years that you weren't entitled to. If full time employees got the same deal as you had pro-rata they would be getting 46 paid days off a year but were only getting 36 - obviously massively unfair in your favour. You knew you were supposed to be only having 12 days but were accidentally being given 15 so at the very least you have accepted 12 days (3 days per year) that you knew you weren't entitled to.

If you don't want to accept the new terms and conditions then resign. You can try to take them to an employment tribunal for constructive dismissal but it will cost you thousands and will probably fail.

If payroll had made a mistake amd accidentally paid you £50 per month more than you were entitled to, and then changed their payroll software and corrected the mistake, would you be similarly riled up and expecting them to carry on over-paying you?

prh47bridge · 06/12/2024 07:58

If you don't want to accept the new terms and conditions then resign. You can try to take them to an employment tribunal for constructive dismissal but it will cost you thousands and will probably fail.

It does not cost thousands to take an employer to tribunal. There are no fees and you can represent yourself so, unless you use a lawyer, it will cost nothing. Also, you don't have to pay the other side's costs if you lose. However, OP should not resign if she doesn't accept the new terms. She should make it clear to her employer that she doesn't accept the change, and that she is working under protest. Her employer then has the choice of continuing with her existing terms or dismissing her. If they choose to dismiss her for refusing to accept the reduced holiday entitlement, that is likely to be an unfair dismissal.

RonSel · 06/12/2024 07:59

Tashacampbo85 · 06/12/2024 07:14

Thanks everyone i am going in to see him today.
If i do not agree to the changes can they sack me? I am happy if they want to make me redundant. Do i have to accept the changes?

i am a single mum so this is going to mess up my ability to take holidays during half term etc and my childcare.

i just think its crazy regardless if they have been generous in previous years they are now making me work an extra 5/6 days a year without any pay for it.

its really stressing me out xx

Have you thought about using parental leave to cover some of the school holidays?
It's unpaid but might be an option to help you.

As PP has said you're hit disproportionately because you work a Monday so you will now have to deduct all the Mondays off your annual leave before doing anything else which does make things tight for covering holidays

Tashacampbo85 · 06/12/2024 08:12

No compensation nothing,not even a discussion.

i just got an email saying this is the new holidays.

what am gathering is i just have to accept the changes. Nothing i can do even though ive had the 15 days holidays for the last four years.

just seems unfair they can change things like that, as it messes up my usual holidays for childcare etc.

OP posts:
AlisonDonut · 06/12/2024 08:19

Tashacampbo85 · 06/12/2024 07:14

Thanks everyone i am going in to see him today.
If i do not agree to the changes can they sack me? I am happy if they want to make me redundant. Do i have to accept the changes?

i am a single mum so this is going to mess up my ability to take holidays during half term etc and my childcare.

i just think its crazy regardless if they have been generous in previous years they are now making me work an extra 5/6 days a year without any pay for it.

its really stressing me out xx

I would ask for their calculations and for the calculations of the full time staff so that you can take that away and get advice.

Don't threaten to leave or not to work until it is sorted or do anything else.

But yes you may have to take unpaid days to account for the change in leave if you need it.

prh47bridge · 06/12/2024 08:23

Tashacampbo85 · 06/12/2024 08:12

No compensation nothing,not even a discussion.

i just got an email saying this is the new holidays.

what am gathering is i just have to accept the changes. Nothing i can do even though ive had the 15 days holidays for the last four years.

just seems unfair they can change things like that, as it messes up my usual holidays for childcare etc.

No, they cannot change things like that without your agreement. You do not have to accept the changes. Read my posts. Also, check if you have legal cover on your home insurance. If you do, they may be able to help.

burnoutbabe · 06/12/2024 08:32

When I went from 5 days to 1 day my holiday just pro rated after adding on bank holidays. (And I get an extra 0.2 when we get extra bank holidays like coronation.

So you were lucky as they forgot to say "plus pro rated bank holidays"

But as they put it in writing I'd argue that they can't just change it. But they could let you go if you refuse to accept the change. (Not sure if that counts as a redundancy)

Tashacampbo85 · 06/12/2024 10:42

Ive spoken to him this morning snd he has advised he will honour the 12 days plus bank holidays going forward and i have the option to work from home to help with child care etc

he has also offered to let me swap my Monday for a Tuesday and have it think he said 12 days and not get paid for bank holidays. When i think it should be change my days to tuesdsy and get the 16 days holiday still.

I have some thinking to do x

OP posts:
Justsayit123 · 07/12/2024 06:13

Did you speak to ACAS??

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