"M.I.5¾" wrote in message
news:48242b75$1_1@glkas0286.greenlnk.net...
>
> "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.
>
And I should have added that if her employer is refusing to pay for the bank
holiday where such is due under her contract then that is a matter for
referal to an Employment Tribunal for 'unlawful deduction of wages'.
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