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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I used to work 37.5 hours per week over 5 days, I now work

Resolved Question:

I used to work 37.5 hours per week over 5 days, I now work 37.4 hours per week over 4 days, how should my holidays be worked out please
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is this a permanent change?
Customer: replied 1 year ago.
Yes, and also they are telling me that because Boxing Day falls on a Saturday I have to take the Monday from my holiday entitlement
Expert:  Ben Jones replied 1 year ago.
Now that you work 4 days instead of 5, your entitlement to annual leave in terms of days off will be reduced. This is because it is calculated based on how many days you work per week, not the hours you work. So a full time worker who does 5 days a week gets the full 28 days' allowance. Those working less days per week will get a reduced allowance calculated pro rata. So someone working 4 days will get 4/5ths of that allowance, which means you would get a minimum of 22.4 days. Also they can force you to take specific days off if they want to. This is a right they have under the Working Time Regulations. They will have to give you notice which is at least twice as long as the time off they want you to take. In this case they want you to take a specific day off so they must tell you of this at least 2 days before it is due to be taken. They have already told you so they have given you plenty of notice. s such they can force you to take it as part of your holiday I'm afraid. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
I would just also like to ask if our Norwich Branch do the same hours as I do over four days, and still get there full holiday entitlement why should this differ when we all work for the same company, so they still get their 25 days per annum plus their 8 days bank holidays???
Expert:  Ben Jones replied 1 year ago.
I am afraid it does not matter if they get the same entitlement or more than you. There is no legal right to be treated the same in that way. The employer is only required to give you the holidays under law or as per contract. They can decide to give some employees more than others but they can do that as long as you still get what you are legally entitled to.
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Customer: replied 1 year ago.
Absolutely disgusting after 19 years service, but thanks anyway for your help

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