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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46224
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working for my employer for 18 years now, 13 of

Resolved Question:

I have been working for my employer for 18 years now, 13 of them as a full time employee. Until recently, if I applied for annual leave the week or fortnight was automatically book-ended by the weekends. I am contracted to work 5 days out of 7. On the numerous occasions when my employer failed to notice my upcoming holiday and scheduled me to work the Sunday all it took was a quick phone call and I would be removed from the Sunday shift and put on something mid week so my holiday was not affected.
Now however, without warning, they are refusing to allow holidays which include most Sundays of the year. In effect, for my summer holiday I can now have only 13 days instead of the usual 16 as they say I must work both Sundays either end.
Can they do this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How many holidays do you get a year?

Customer:

22 days annual leave plus bank holidays

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

Your holidays will be split into two separate parts – your statutory entitlement and your contractual entitlement. The statutory entitlement is the minimum you are entitled to by law, which is 28 days if you are a full time worker. The contractual entitlement is anything you get on top of that. In your case you get 22 days’ holiday plus bank holidays, giving you a total of 31 days a year. This means you get 28 days statutory holiday and 3 additional days’ contractual holidays.


 


The rules governing each part is separate and the statutory holidays are governed by law, whereas the contractual holidays are governed by your contract. So for the majority of your holidays the employer can rely on what is written in law, and for the remaining 3 days they will have to follow whatever is in your contract.


 


As far as the statutory holidays are concerned, the law allows the employer to reject your request as long as they give you sufficient notice. The notice must be at least as long as the holiday to be taken., So if you wanted to take a day on a Sunday they can reject that if they give you at least a day’s notice. Until you have used up all 28 days’ statutory holiday in a year you can be subjected to that rule and the employer can decide on which days you take your holidays.


 


Once you have used up the 28 days’ holiday, you move over to the contractual 3 days’ holiday. That is when you can argue that custom and practice has kicked in and it governs the way your holidays are dealt with. However, custom and practice only applies to the contractual part, not the statutory, because legislation will always take precedence over contract. Therefore you must have used up your full statutory holiday allowance and then try to book leave with the remaining contractual days to be able to rely on that.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Site won't let me give rating. Says you haven't finished answering.

Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Customer:

Excellent service.

Ben Jones :

Many thanks, ***** ***** best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46224
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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