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Could I end up with no or little preferred leave in the next extension.

5 replies

Ladymuck2022 · 20/01/2025 18:39

Hi,

Sorry I know I only posted last week and got told it was fairly reasonable for my employer to produce no further contract, when extending the dates of the term.

In the meanwhile as issue has come up with annual leave. I’m painfully aware I never got any clarity of the annual leave days written in the contract which I’m unsure are right or wrong.

I might be having a stupid 5 minutes but in the 8 months left, I’m barely going to have any leave to chose? Surely working for a organisation that doesn’t work bank holidays and there’s a number to cover plus Christmas shut down I’m going to be at a loss or possibly paying them back at the end? There is the option to buy annual leave but I’m told fixed term’ers are excluded by way of policy.

OP posts:
Tallyho15 · 20/01/2025 19:17

How much annual leave are they saying you have? And how much have you already used?

SilverBowl · 20/01/2025 21:12

Have you mentioned the Fixed Term Workers (Prevention of Less Favourable Treatment) Regulations 2002 to your employer?

EmmaMaria · 20/01/2025 21:25

SilverBowl · 20/01/2025 21:12

Have you mentioned the Fixed Term Workers (Prevention of Less Favourable Treatment) Regulations 2002 to your employer?

The OP either has leave left or they don't. How would the regulations change that?

OP - I am afraid that your question is incomprehensible. You need to explain very simply what you are talking about. Have you taken more than your annual leave entitlement?

ByQuaintAzureWasp · 20/01/2025 23:32

EmmaMaria · 20/01/2025 21:25

The OP either has leave left or they don't. How would the regulations change that?

OP - I am afraid that your question is incomprehensible. You need to explain very simply what you are talking about. Have you taken more than your annual leave entitlement?

Silverbowl is referring to the fact op says the employer has a different policy relating to buying annual leave for fixed term (temporary) staff ... which is likely less favourable treatment under tge regulations quoted.

EmmaMaria · 21/01/2025 11:48

ByQuaintAzureWasp · 20/01/2025 23:32

Silverbowl is referring to the fact op says the employer has a different policy relating to buying annual leave for fixed term (temporary) staff ... which is likely less favourable treatment under tge regulations quoted.

Sorry yes, I missed the last sentence as I was struggling to understand the rest of it! I don't understand why the OP thinks that they won't have any more leave though - if the contract is extended then there will be an additional amount of leave to take as well.

If I recall, I believe this is public sector / local authority, so it is entirely possible that the terms of the policy are what excludes the OP rather than the nature of their contract. In most I have come across you must buy annual leave during a specific period for the next leave year; and then the payment for that is deducted over the 12 months of the leave year. So, for example, where I last worked the leave had to be "bought" in January for the following April - March, and it was paid for in a payroll deduction from April - March. So anyone who wasn't in post in January couldn't but leave.

Again if they are public sector as I seem to recall then annual leave is usually XX days PLUS bank holidays (but not usually the Xmas shut down). So it would help enormously if the OP could clarify.

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