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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45333
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A year ago I chose to ask for compressed hour working. My

Customer Question

A year ago I chose to ask for compressed hour working. My employers agreed I could and so I do a 40 hour week, 10 hours a day from Monday to Thursday.
My holiday entitlement was 20 days before I changed to the above, but now I only get 22 days including bank holidays.
Can you advise if this is correct and fair please.
Many thanks
Jan Davis
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What was the arrangement on working hours before you changed last year?

Customer: replied 5 months ago.
Hello BenI used to work Monday to Friday 8.30pm to 5.30pm
Expert:  Ben Jones replied 5 months ago.

Thanks. Your entitlement to holidays is determined by the number of days you work in a week. So if you work full time (i.e. 5 days) then you get the full entitlement of a minimum of 28 days a year. However, if you work less than 5 days, your entitlement will reduce on a pro rata basis. So if you did 4 days a week you will get 4/5ths of the full entitlement, if you did 3 days, you will get 3/5ths and so on. Therefore, someone working 4 days a week is only legally entitled to a minimum of 22.4 days a year. So whilst you may do the same number of hours, your entitlement is determined by the number of days you work per week.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 5 months ago.
Does that mean they can use the bank holidays as part of my entitlement when they didn't before?
Expert:  Ben Jones replied 5 months ago.

What does your contract say on this?

Customer: replied 5 months ago.
That is the problem, I will have to ask for a copy as it is held at our Head Office
Expert:  Ben Jones replied 5 months ago.

ok so you were entitled to 20 days plus 8 bank holidays before? Now you re entitled to 22 days incl bank holidays?

Customer: replied 5 months ago.
that is correct Ben
Customer: replied 5 months ago.
Hi BenI would be grateful if you could respond to the last query as my Director is visiting tomorrow and I would like to be able to query the above with him.Many thanks
Expert:  Ben Jones replied 5 months ago.

Sorry I was out of the office when you replied earlier. The entitlement is correct I'm afraid. Bank holidays can count as part of your total holiday allowance. Before your minimum entitlement by law was 28 days and you had all bank holidays included in it. Now by law your entitlement is 22 days and it still includes the bank holidays. So nothing had changed apart from a reduction in total holiday allowance to reflect the reduction by a days work per week. Hope this clarifies?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45333
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you Ben
Expert:  Ben Jones replied 5 months ago.

You are welcome, all the best

Customer: replied 5 months ago.
Good morning BenI received my contract this morning, would you be able to advise one last time how many days I should have.The contract says and I quote "Your leave entitlement from January to December will be 196 hours annual leave and 64 hours bank holiday"Many thanks
Jan Davis
Expert:  Ben Jones replied 5 months ago.

Hi, is this the new contract to reflect the reduction of a day?

Customer: replied 5 months ago.
Hi BenYes, it took effect from when I started my compressed hours, they have called it "Variation to Contract"
Expert:  Ben Jones replied 5 months ago.

If you work 40 hours per week then your minimum entitlement by law is going to be 224 holiday hors per year. Under the new contract you are getting 260 hours so you are already getting more than what you are due by law.

Customer: replied 5 months ago.
That is what the contract says, but they have only given me 22 days, so am I right in arguing the case as my contract says 26 days?
Expert:  Ben Jones replied 5 months ago.

yes if the contract says something then you would expected them to adhere to it, unless it was obviously an admin error in which case they are entitled to correct it

Customer: replied 5 months ago.
Ok Ben, thanks for your extra time on this, I will speak to the Director today and try and sort it.
Expert:  Ben Jones replied 5 months ago.

No worries, all the best

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