Re: Employment Contract Question


"nightjar .me.uk>" <cpb@<insert my surname here> wrote in message
news:Vq2dnX4r2f5h7ZTUnZ2dnUVZ8t7inZ2d@xxxxxxxxxxxxxxx

"Graham Ferguson" <Graham.Ferguson.34edd1f@xxxxxxxxxxxxxxxxx> wrote in
message news:Graham.Ferguson.34edd1f@xxxxxxxxxxxxxxxxxxxx

My employer has reduced my holiday entitlement stating that the
entitlement i had was non contractual. its complicated as ive been
part of a mgt buyout.. here is the time log of events....

3 years ago
with employer X i had contractual holiday of 29 days per year.
2.5 years ago...
My boss at X left and setup a division in company Y . which i joined.
On joinng my boss told me i had 29 days holiday - but company rules had
to have 25 in the contract - however he would give me the other 4. i
have email confirming 29 days. i took 29 days each year for 2 years.
1 year ago
my boss and others buy the division and we are TUPED across. Im
allocated 29 days holiday. Under the TUPE the previous rules apply im
told.

Today...
im told i can only have 25 as thats what my contract is and the other 4
were a 'gentlemans' agreement - which i cannot have next year. new
employees are allocated 25 days only. there is no payoff for loosing
the 4 days.

So where do i stand ???

From 1st April 2009, Statutory Minimum Leave is 5.6 weeks - 28 days if you
work a five day week. Bank Holiday closures can be counted as part of that
leave..


I was going to shoot you down here because the actual order intended to
introduce the 5.6 days on the 1st October 2008. However, I note that the
change has indeed been delayed to the 1st April 2009. Why this has
happened is not clear because for some obscure reason employment legislation
generally always changes in October. As you note, any reduction to 25 days
would be legally short lived.

As far as the OP is concerned, 29 days has been established as part of his
contractual term and conditions by custom and practice in which case it has
become part of his contract as his employer has accepted it. For his
employer to reduce his leave would be an unenforceable unilateral change to
his contract.

As ever, the OP has to balance this against the necessity of having to
continue working harmoniously with said employer.



.

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