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Claire D
Claire D, Solicitor
Category: UK Law
Satisfied Customers: 3090
Experience:  BSC (hons), Solicitor with 14 years legal experience
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can my employer reduce my holiday entitlement i started work

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can my employer reduce my holiday entitlement? i started work for him in march 2007. my contract stated 18 days plus bank holidays. in aug 2007 i was given another contract which states 20 days annual leave, there is no mention of bank hols, however, i received 28 days paid holiday...i have my wage slips showing this. in 2008 i assumed my holiday entitlement was the same as i was not told it had changed. i kept a full record of the holidays i used, using the last of them over christmas. on the 9th of jan 09 i was told i wasnt getting paid for 4 of the days i had taken off, including christmas day and new years day. on confronting my employer about this i was told that i was only entitled to 24 days holiday including bank holidays. i was never told about this reduction and i certainly wouldnt agree to this....where do i stand? i am in the uk
Submitted: 7 years ago.
Category: UK Law
Expert:  Claire D replied 7 years ago.

Hello Blondie St05

 

Welcome to Just Answer and thank you for your question.

 

The current statutory minimum of holidays is 24 days and this can include bank holidays, as there is no right to have bank holidays in addition to holiday. This will increase to 28 days in April.

 

However, your circumstances are such that as your employer accepted 28 days paid holiday (including bank holidays), then they must continue with this. Even if there is breach of your employment contract, they have accepted the breach.

 

Your employer is not able to change any aspect of your contract, including holidays without your consent and if they try to do so, the changed terms will be enforceable. It would be adviseable to immediately write to your employer and let them know that you do not agree to the change in contract terms.

 

I hope that helps. If it does, please see below. Otherwise, I'll try to answer any further queries you have.

 

Kind regards

 

Claire

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