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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 42836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I worked with the same company for 8 years. 40 hours a

Resolved Question:

Hi I worked with the same company for 8 years.
40 hours a week and 20 days holiday
after two years I reduced my hours to a 32 hour week with 20 days holiday
I was never given a new contract and I have now been told that I should only get 17.5 days . there is not HR department and my new boss of 2 years has been making report on my time keeping and has gave me a verbal warning with I don't agree with the issues that he has raised. but his said there nothing I can do about it as I don't need to agree
. Is there any think I can do as I feel like im being bully into walking out with the all the checking and reporting that going on about be. I have never had any problem in the years before and previous job
Look forward to you reply

Elaine |Pigeon
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what you like to achieve?

Customer:

Look

Customer:

Hi Ben l

Customer:

Looks like I going to have to leave the job as

Customer:

sorry keep pressing return just want to know if they can change my holiday after 8 years, without warning, and what are my right to the bullying I feel is happening who do I complain to, how do I complain?

Ben Jones, UK Lawyer
Satisfied Customers: 42836
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Thank you for your patience. So just to confirm you have received the 20 day allowance for the last 6 years or so and for that time you have worked 32 hours a week?
Customer: replied 2 years ago.
yes always had 20 days, was attocated 20 at the beginning of this year and we have always been made to held 4 / 5 of those 20 days back for the Christmas period as the company closes. was never given a new contract stating new working hours, breaks/ holidays
Expert:  Ben Jones replied 2 years ago.
There is a principle in employment law where terms may become implied into an employment contract by ‘custom and practice’. This makes them contractually binding even if they are not written down anywhere. This area of law is rather complex and it is usually only down to the tribunals and courts to establish with certainty if something has become an implied term. Nevertheless, it does not prevent employees from directly raising this argument with their employers.

The basic requirement for implying terms is the presumed intention of the parties, in other words - did the employer and employee intend for the term(s) in question to be treated as contractual. In general, a practice would need to have been clearly communicated and consistently applied for a substantial period of time before it can be considered an implied contractual term. Therefore, something that is uncertain, has not been applied consistently or has just been around for a few months is unlikely to qualify.

You may tell the employer that you believe the term or practice you are relying on has been implied into the contract through 'custom and practice' and see what they say. They could of course deny that and refuse to discuss the matter and if that is the case then you can only realistically challenge this by taking your case to an employment tribunal or the county court. This would occur when you are not given the usual amount of holidays for this year and would then consider making a claim for holiday pay in the employment tribunal.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

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