Holiday And Contracts

[beverleymot]

Hello hoping someone can help- my husband started working for his employer in April 2014 and has never had a written contract. I know he has a standard one as he gets wageslip and his employer pays his tax and N.I. He has asked many times for a contract but his employer still hasn't bothered and no one in the company has been given one.
We recently attended his stepfathers funeral and the day after his boss was moaning at him about how much holiday he's taken this year. The employees and the boss are all in a big argument at the moment about holiday to the point where the boss has now refused them all a Christmas work do!
Anyway I've been on the ACAS website and the lads are entitled to 23 days a year which they aren't getting. They get bank holidays off unpaid but as they only work Monday to Thursday they are expected to work the Friday to make up the Monday on bank hol weeks and the bank hol mondays are unpaid.
This seems to be causing the hassle over holiday pay.
His boss says he's also got advice N believes he is in the right to do this; but has also told them that he is now officially drawing up contracts for them all which includes the less holiday.
Where does my husband stand on this? Surely he wouldn't have to sign it if the holiday is less than statutory? Having been there almost 4 years already can he refuse to sign?

[Islay]

Firstly - the boss does not have to provide a Christmas work do, most work do's are now paid by the people attending not the employers.
Secondly he can refuse to sign the contract, he will need to print off the relevant information from the ACAS website and site that as the reason he is not signing.
Be prepared though for the boss to get difficult, however your husband would be right to take this to a tribunal should the worst happen.

[MallyJ]

Consult his union and if he doesn't belong to one he and his colleagues should join one post haste, in my opinion.

[beverleymot]

Thanks for your replies; Islay I didn't mean his boss had to provide a work do I just meant the atmosphere regarding the situation has got that bad that he won't organise one-time the boys aren't bothered at all they'll just organise their own

[Islay]

beverly - thanks for the update but my response still stands there are not many companies that actually do these days.
Good luck with getting everything else sorted x

[Buenchico]

The actual (paid) holiday entitlement is 22.4 (days per year. (An employer can round it up to 23 but isn't obliged to).

However the boss seems to have already broken the law anyway, as he must ensure that all employees are provided with a 'written statement of employment particulars' (which isn't quite the same as a 'contract', per se, but must include information about holiday entitlements):
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

Any contract which contains a term which contradicts the law is automatically invalid in respect of that clause (and possibly as a whole). So, irrespective of whether your husband signed such a contract or not, he'd still remain entitled to 22.4 days paid holiday per year.

The first place to start is probably the Acas helpline:
http://www.acas.org.uk/?articleid=3282
(AB members have reported in the past that it can take a long time to get through but that it's worth the wait).

[beverleymot]

Thanks Buen- he spoke to ACAS and said that he should sign the contract anyway because it's invalid, but then I said that won't help as he will just write another one which will cause even more hassle! Have a feeling this will drag on a little longer than necessary!