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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50210
Experience:  Qualified Employment Solicitor
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The company I work for changed our contracts and

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The company I work for changed our contracts and restructured our holiday entitlement to run from January to December instead of april to march. They gave us our new holiday entitlement which overlapped from one to the other, it seemed too many days and I questioned it with my manager on two occasions and both times she told me it was correct. Now they have just had a meeting with all the staff to say they have made an error and we shouldn't have had so many days, anyone who has booked all the allocation will be allowed to take them but with no pay which is disastrous has we are warehouse staff and cant afford to go a week without pay and the other option would be to cancel our holiday and lose our deposit. What I want to know is where do we stand legally, can they do this or do they have to honour the days off with pay, especially when some haven't yet taken those days but will now lose money ?

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 1 year ago.
Hi, have you seen my question ?

Apologies for the slight delay. How long have you worked there please?

Customer: replied 1 year ago.
Hi, for 10 years

Hi there and thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. The strict legal position is that if you have taken more holidays than you were due under contract or by law, then that is not something which the employer must honour and pay you for. Essentially it is your responsibility to ensure that you have taken the correct leave, regardless of what the employer has said. The moral position is that if they have told you that you have this leave to take and have maintained this consistently, that they should honour it. However, it is only a moral argument rather than a legal one. So essentially if this ends up in court or tribunal, the likelihood is that the employer will be in the right and not have to pay you for this leave. Nevertheless, it does not prevent you from challenging them over this and the more of you that do it together the better. So you may wish to consider raising a collective grievance to challenge the employer’s actions. You can appeal if you disagree with the decision. If the appeal is also rejected then you are looking at tribunal action as the only option left but as mentioned when you look at this legally the employer would potentially be able to defend this so think carefully whether you wish to go that far.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you were to take legal action over this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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Customer: replied 1 year ago.
Hi, yes all is fine thanks

You are welcome, all the best