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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6307
Experience:  10 Years of experience in Employment Law and HR
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I work in a medium sized business where roughly half the

Customer Question

Hello - I work in a medium sized business where roughly half the staff are given the minimum of 20 days holiday plus bank holidays, whilst the other half are on 25 days. The staff on the higher rate have been with the business before a cut off point of January 2014, and all those who joined after the cut off point are on the lower rate. There is no opportunity for those on the lower rate to accrue extra leave by over time. All those on the higher rate have been asked to sign a non disclosure agreement but everyone seems to know about it anyway. One of my colleagues believes this is illegal. My question is is this illegal or simply unfair?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today.

On the face of it this is probably unfair rather than illegal. Employment Contracts are subject to individual negotiation so if the employer decided to reduce annual leave for new starters there is little the new starters can do.

The exception to this is if the decision is discriminatory under the Equality Act. This could potentially be the case under Age Discrimination as the new policy is likely to have a worse affect on younger members of the workforce.

If you believe that this is the case then you can raise a grievance and potentially bring a claim.

if you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.