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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50490
Experience:  Qualified Employment Solicitor
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I am a part-time tour guide working for an agency(CSRM)

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I am a part-time tour guide working for an agency(CSRM) whose only customer is JaguarLandrover. My complaint regards ***** ***** of holidays. Currently holidays are given on a prorata system where full-timers get 34 days holiday per year. Prorata I get 14days based on how many days I work. The fixed holidays are the Christmas period plus bank holidays. For full timers in 2018 works out to 12days which leaves them 22 days where they can book holiday with permission from the employer. With the part-timers those 12days also have to be taken out of their holiday allowance leaving just 2 days that they can book holidays with permission. This is forcing me to take half of my holiday allowance at Christmas plus most of the rest on bank holidays. I have complained to my employer that this is an unfair situation. Prorata is not being applied as to when I take my holiday like it does with a full timer. For full timers just under a third is fixed for a part- timer 5/6ths is fixed. My employer says that I can take leave with permission when I want but apart from 2 days this would be unpaid. This may also effect how many days I work ie reduce them and then consequently holiday entitlement. Some advice on whether I have a case to take forward for further consultation with my employer would be much appreciated.
Kind regards ***** ********@******.**************

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

If anything this would come under unfavourable treatment under the Part Time Workers Regulations, although I must admit that it will be a difficult argument to pursue. Most issues with u favourable treatment of bank staff is when there is inequality in the amount of holidays they get overall. For example if part time workers did not work on a bank holiday and were missing out on holiday allowance which full time workers would normally get as it is their normal working day.

However, the issue here is not how much holidays you are getting because you are actually getting the legal requirement for the number of days you work. It is to do with when the holidays are taken. Considering the employer has the unconditional right to make you take your holidays whenever they want to (under the Working Time Regulations), they can always argue that even if they changed the system, they can still give you notice to make you take your holidays on bank holidays and the result would end up the same. However,m they would have the legal right to do so therefore challenging it would be rather difficult.

You can deal with this via the internal grievance procedure, however if that is unsuccessful you will have to consider a claim in the employment tribunal as the only other option.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to issue a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you

Thank you. Any claim will need to go to the employment tribunal. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####