Implied employment benefits

[MrsJ1]

My organisation has always been generous with holiday allowances over the 7 years that I have worked there. On top of my contractural annual leave, Which was 24 days last year, I was given all the Bank Holidays, one extra day after 3 of the bank holidays (when the office was closed), and about 5 days at Christmas (depending on what day it fell on). Which, last year, totalled 40 days. My contract does not list the extra Tuesdays or the extra days at Christmas. They have now decided to open on the 3 days after the Bank Holidays and are telling me that my allowance is 23 days plus bank holidays, and whatever they decide to do about Christmas totalling aprox 36 days. This is obviously quite a drop and I wondered if they can do this after so long. Any ideas?

[danchip]

if its not in your contract then it is at the discretion of your employer who i would imagine can change the days off as they please

[eyeshade]

Mrs J, councils are doing worse than that, they are re-titling your jobs and cutting your salary!!!

[buildersmate]

Sort of.
If there is something in the Company handbook or other documentation given to you that says your holiday entitlement is X, but for the last 7 years you've been permitted to take Y, then it is a grey area in terms of potential for implied terms. But I think the answer is that the 'extra' is not part of your contract and therefore it can be changed.
It would be a better case if there was no documentation.

[danchip]

eyeshade, is it not better they cut the salary rather than cutting the whole job

[Twenty20]

Only 36 days holiday this year, down from 40? Probably wont get an awful lot of sympathy in the current circumstances.

I think buildersmate is right, there is a possibility that it may have become accepted by now as part of your terms, but personally I wouldn't be inclined to try enforcing it. I'd guess the thing that would go against it is where you say 'about', meaning your actual number of holidays are variable by the Company depending on Christmas etc.

[MrsJ1]

I realise that I am lucky with the amount of leave. It does go some way to make up for the lousy pay and I was quite happy with that arrangement. To be honest, it doesnt really matter how much leave they give me, the work load is still the same - nobody deals with my job while I'm away!