Body & Soul1 min ago
Holiday?
16 Answers
Hi guys,
Where I work, I am allowed 14 days holiday a year, but 5 days of this must be kept for Christmas. I've been here a year now and only found this out a few weeks ago as I'd been told I had no holiday left but didn't think I'd taken that many days. This means I only get 9 days off a year - thats less than 2 weeks! Is this right? What is the legal minimum amount of holiday? I work 40 hours a week and don't get lunch breaks either...
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You're being taken for a mug.
http://www.acas.org.uk/index.aspx?articleid=865#2 I take it you are uk based.
just on an aside i want to mention bank holidays. If you have these days off they are also counted within the 20 days you are meant to have a year e.g. there is no statutory requirement for your employer to give you these days off ... I believe we have 8 days worth of bank holidays (including xmas) so that takes your holiday time up to 22 days, TWO whole day above the statutory minimum!
Obviously regarding lunch break you do have a statutory requirement for a break - can be hard to get bosses to change though... good luck
(Posted in 2 parts):
Although it seems that you're not getting your statutory holidays, this might not be the case.
The first thing to consider is how many days a week you work. Your statutory holiday allowance is calculated as 4 x the number of days you work per week. So, assuming the 40 hours you work each week are spread over 5 days, then you're entitled to 20 days hoilday per year. This, however, includes all holidays which are on dates fixed by your employer. You've stated that your bosses say that 5 days of your holiday have to be taken over the Christmas period but you've not mentioned other public holidays. It may be that you work on these days - many people do - but if I can assume that you have public holidays off then you need to think about Good Friday, Easter Monday, May Day, Spring
Bank Holiday and the Summer Bank Holiday. These would account for 5 of the 'missing' days. If we also add in the New Year holiday, we've got 6 days of your 20 days entitlement taken up, which leaves you with the 14 which have been quoted. This year Christmas Day falls on a Sunday so, unless you normally work on Sundays, this doesn't come into the calculations. If your firm will be closed from Monday 28 December to Friday 2 January, that's the 5 days fixed by your firm so, as you say, that leaves you with 9 days holiday per year.
Although it seems that you're not getting your statutory holidays, this might not be the case.
The first thing to consider is how many days a week you work. Your statutory holiday allowance is calculated as 4 x the number of days you work per week. So, assuming the 40 hours you work each week are spread over 5 days, then you're entitled to 20 days hoilday per year. This, however, includes all holidays which are on dates fixed by your employer. You've stated that your bosses say that 5 days of your holiday have to be taken over the Christmas period but you've not mentioned other public holidays. It may be that you work on these days - many people do - but if I can assume that you have public holidays off then you need to think about Good Friday, Easter Monday, May Day, Spring
Bank Holiday and the Summer Bank Holiday. These would account for 5 of the 'missing' days. If we also add in the New Year holiday, we've got 6 days of your 20 days entitlement taken up, which leaves you with the 14 which have been quoted. This year Christmas Day falls on a Sunday so, unless you normally work on Sundays, this doesn't come into the calculations. If your firm will be closed from Monday 28 December to Friday 2 January, that's the 5 days fixed by your firm so, as you say, that leaves you with 9 days holiday per year.
(2nd Part):
I've made a lot of assumptions, above, but if I've accurately reflected your situation at work, it seems that your employer is operating within the law as far as holidays are concerned.
With regard to lunch breaks, if the whole of your shift lasts more than 6 hours, you are entitled to a 20-minute break during that period. Note, however, that this break can be unpaid. (I work in a job with shifts of up to 12 hours and with no specified breaks. It's a case of 'grab a bite when, or if, you can'. We used to be exempt from the legislation but we're not now. However, nobody want's any changes because the only way we could have a scheduled break, without losing pay, would be to extend the length of the working day).
Chris
Footnote: I'd already posted the 1st part before I realised that I'd included 1st & 2nd January 2006 in the calculations. These dates, of course, should be in your 2006 holiday allowance so perhaps there are 2 missing days after all - but perhaps your firm closed for an extra day or two over, say. the Easter period? (i.e. It's still important, when calculating the 20 days entitlement to consider all the days, including public holidays, when the firm was closed).
I've made a lot of assumptions, above, but if I've accurately reflected your situation at work, it seems that your employer is operating within the law as far as holidays are concerned.
With regard to lunch breaks, if the whole of your shift lasts more than 6 hours, you are entitled to a 20-minute break during that period. Note, however, that this break can be unpaid. (I work in a job with shifts of up to 12 hours and with no specified breaks. It's a case of 'grab a bite when, or if, you can'. We used to be exempt from the legislation but we're not now. However, nobody want's any changes because the only way we could have a scheduled break, without losing pay, would be to extend the length of the working day).
Chris
Footnote: I'd already posted the 1st part before I realised that I'd included 1st & 2nd January 2006 in the calculations. These dates, of course, should be in your 2006 holiday allowance so perhaps there are 2 missing days after all - but perhaps your firm closed for an extra day or two over, say. the Easter period? (i.e. It's still important, when calculating the 20 days entitlement to consider all the days, including public holidays, when the firm was closed).
But surely counting bank holidays as my own holiday is wrong? The company closes for these days therefore I have no choice, I'm not allowed to work that day because the place isn't open. And if I only get 9 days off a year that means I can't even have a 2 week holiday, what a load of cr*p!!?
I work mon-fri, 8 hours a day by the way.
Legally you don't need a contract per se. Your employer has to give you a statement of employment within 8 weeks of starting work. For small companies this can be a letter offering you the job and setting out the terms and conditions (e.g. holiday pay and sick pay, hours of work etc). Technically if you are paid monthly this is deemed an unwritten contract.
are u sure your 14 days isnt what is left over after u take out the xmas and bank holidays.
Most companies offer 21 days holiday which if u have bank holidays off leaves u with just a bit over 2 weeks left. Are you sure they are only offering you 14 days to begin with as that seems like a c**py company to work for!
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