Employment Contract Update

[SusanLisa]

I started my job 11 years ago and got a contract. Since then there has been a few changes which were agreed verbally including -

My job title & tasks ( from Office Junior to Administrator )
My wage ( from £100 per week to ...... )
My hours ( an extra 1.1/2 hours per week )
My holidays ( from 30 to 25 )
Company name ( old company sold to another company )
My name ( i married )

By law should I have been issued a new contract of employment?

My old contract states I got 30 days holidays EXCLUDING Bank Holidays but they are saying I have to work on 29th April 2011 as all other employees have to but they have contracts which state they get 20 days plus 8 Bank Holidays per holiday year - can they make me work?

Thanks

[factor-fiction]

You don't need a new contract everytime details change. Your contract consistes of all sorts of writtena nd unwritten terms. But it's best to keep a written record of every change that's agreed.
I don't understand your holidays question.

[Buenchico]

The law requires that you must be provided with a 'written statement of employment particulars' (which isn't quite the same as a 'contract'):
http://www.direct.gov...dConditions/DG_175704
If any of those particulars change you should be provided with a new statement.

The only statutory requirement in relation to holidays is that employees (who work 5 days per week) must receive 28 days paid holiday. The employer is free to choose when those holidays are taken. (If an employee would normally work on the day of the week when Christmas Day occurs, the employer may insist that he/she works on Christmas Day at their normal pay rate. Similarly, as long as employees receive 28 days paid holiday per year, an employer can insist that they work on any other public holiday, including the Royal Wedding date).

However your contract (which is unusually generous) appears to give you additional rights. If it specifically states that you'll be paid to off work on all public holidays (plus on 30 additional days) then it would seem that you're correct in your view that you should receive a day's paid holiday.

Call the ACAS helpline for further advice:
http://www.acas.org.u...x.aspx?articleid=2042

Chris

[lankeela]

Sorry to butt in - Chris mate. need you over in travel!

[4getmenot]

if it excludes bank holidays then you must work. . In my last job they merged everything changed but I never once saw a contract. I still havent seen one for new job either.

[DavideMexia]

The holiday entitlement depends on how many days you work per week.
To be entitled to 25 days per year, you have to have worked 4 days a week (4*5.6)=22 plus any remaining bank holiday.

To be entitled to 30 days holiday per year you will have to have worked 5 days a week (5*5.6)=28 plus any remaining bank holiday.

If your circumstances has changed this will be considered in the next year end. Many companies operates in end of march, so by 29th of march you will have to have taken all the remaining holiday entitlement and by 5th of april you will be entitled to the full holiday entitlement per year.
Hope this helps

Regards

The holidays entitlment is same for every full time

[Buenchico]

I've no idea what DavideMexia is going on about!

An employee's entitlement to holiday is whatever their contract says it is, as long as the statutory provision is either met or exceeded. If SusanLisa had a contract giving her 100 days paid holiday per year, that's exactly what her employer must provide her with. (i.e. the contract takes precedence over the statutory provision as long as it doesn't seek to breach that provision).

It seems that she has a contract giving her '30 days plus bank holidays'. If that's the actual wording her holiday entitlement total is 38 days in a normal year but 39 days when, by a Royal Proclamation, an additional bank holiday has been designated.

Chris

[fadeout73]

Whats happening on the 29th April?

[dotty.]

Public Holiday for the Royal Wedding, 3 days after Easter Monday and 2 days before the Mayday BH

[dotty.]

I would imagine it is going to be the biggest 11 day holiday in decades!

[fadeout73]

Awww right. I think it is a public holiday in england but here in scotland its up to employers if they want to give employees the day off.

[DavideMexia]

Nah nah Buenchico. The holiday entitlement takes into account the number of days you work a week multiplied by 5.6. I work 3 days * 5.6 = 16.8 days which always has to be rounded up. 17 days entitlement. What happenes is that some employees does not want you to take bank holiday holiday as you get 1.5* more in hourly rate pay or they offer you bonuses or xmax pay.
If you work 6 days a week your entitlement is 34 days. 6*5.6=34
If you work 5 days is 28 (5*5.6=28 days)
If you work 4 days is 22 (4*5.6=22 days)
If you work 1 day is 6 days

[buildersmate]

David, you seriously do not know what you are talking about and I suggest that you back off this area until you have learned something about it. Your idea that one has to receive more than the statutory minimum number of 28 days holiday for working more than 5 days in a week is completely barking, and it is also completely irrelevant to this question.
Chris is as usual right in these matters. The OP has additional rights than other employees because her contract is written to state a number of days holiday plus pulic holidays and there is an extra day declared this year. However there is no obligation on the employer to allow her to take that RW day off - merely to allow an extra day which may be taken at another time.
The rest of his answer is spot-on too.

[DavideMexia]

Lol buildersmate.
I know bluechico is right. I know i am wrong but not completely. The statutory is 5.6 weeks annualy days. thanks for the info

[boxtops]

David, it depends entirely on your employer - we start out on the minimum and work up to the maximum (33 + 8 BH) after a number of years.
The 29th April has not been decided for all employers, ours are still considering whether to give all staff the day off or whether we have to take annual leave - as it's an extra one-off day.
One question for those who know, re SusanLisa - surely she should have had a new contract of employment (or at least a letter outlining the terms and conditions) when the company was sold - isn't this a TUPE requirement?

[boxtops]

^ and PS re your post about part-time workers - I don't agree with that. our employees get exactly the same allocation but pro-rata to the days and hours they work, someone who's been there years but only works half time still gets 33 days but only at the half-day rate for holiday pay.

[buildersmate]

Boxtops
When one transfers under TUPE, the existing T&Cs of the old employer transfer to the new - that is what TUPE means. So whilst the new employer will inevitable re-issue a new paperwork contract, legally it has to be on the same (or broadly similar) terms as the previous.

[boxtops]

Yes I see buildersmate - however I've understood that if the Ts&Cs change after a while, this is legal and the new employer then issues a new contract. (not entirely relevant to this post, just interested for future refce.)

[buildersmate]

Well, once the new employer has taken over the employees from the old organisation, it is perfectly at liberty to start a consultation process to change the T&Cs, so, yes, what you say can and does happen. It may also declare redundancies - and the redundancy would be dealt with on the terms of the previous employer (if there were any) and using the total employment length of old and new.
A lot of people believe that being TUPEd means one's job is 'protected' and it just isn't true.

[boxtops]

Thanks buildersmater - that's what I thought, the TUPE protection can be quite short-term!