"R.Smith" wrote in message
news:482423a9$1_1@glkas0286.greenlnk.net...
>A friend works part time 5 days per week for a local authority. She
>received a contract of employment in December 2007 in which it states that
>she is entitled to 22 days holiday PLUS 10 days statutory holidays. They
>have now deducted pay for the last Bank Holiday and said that it is under
>new rules and bank holidays and statutory holidays would not be paid in
>future. On enquiring what the new holiday entitlement was she was told that
>as she only worked part time she was only entitled to 9 hours paid holiday.
>(She works 11 hours over 5 days). I told her that from October last year I
>believe that she was entitled to 24 days holiday paid at the rate she would
>normally get per day and that they were not allowed to treat part-time
>staff any differently to full time staff. Her boss disagrees, and disputes
>the 4.8 x 5 days calculation. She says that my friends holidays are
>calculated by the hours that she works. Is she right, or is she just out of
>touch with current legislation? BTW I thought that changes to contract of
>employment had to be agreed by both employer and employee.
>
As a statutory minimum, she is entiltled to 4.8 weeks holiday per year of
whatever her week consists of. As she works an 11 hour week she is
entiteled to 4.8 x 11 - 52.8 hours holiday per year. If the hours in the
week are worked evenly over 5 days, then that works out at 24 days holiday
per year. (If the hours are worked over a smaller number of days then the
number of days is pro rata as long as the 52.8 hours are accommodated.)
The 'new rules' that are refered to *only* apply to employees on the
statutory minimum holiday. If her contract gives her more holiday than the
statutory minimum provides for, then her employer can't take holiday away -
that would be a contract change which requires the employees agreement. As
her existing arrangement is for 32 days holiday total, she exeeds the
statutory minumum and her employer cannot reduce her holiday without her
agreement. Her holiday stands at 22 days plus 10 days.
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