Reduction in Annual Leave Entitlement
Reduction in Annual Leave Entitlement
Author
Discussion

C0ffin D0dger

Original Poster:

3,440 posts

168 months

Tuesday 9th October 2018
quotequote all
Quick synopsis.

Years ago the company I work for used to recognise long service by awarding a couple of extra days paid leave, I get 27 days at the moment. Big company that took us over a few years back doesn't have such a scheme, everyone gets 25 days. Up until now I've kept my 27 days on some sort of legacy contract agreement but I've been told they want to buy me out of my extra 2 days leave as of next year so I'll be on 25 + two days pay added to my salary.

I'm guessing there's not much I can do to resist this?

The extra leave is way more valuable to me than the money is. My boss was quite apologetic about it and said he be happy to authorise a couple of days unpaid leave if I still wanted it or I can officially request unpaid parental leave (I have kids!). I'm tempted now to request a weeks worth of parental each year. Seems a bit daft to me as I'd then be taking 30 days leave a year instead of 27.

ToothbrushMan

1,772 posts

148 months

Tuesday 9th October 2018
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not sure but I would be happy to have them buy my 2 days out as long as that was for every year of service not just the coming year.

if its big co. you get 2 days extra cash (not much but nice) and just develop a sore throat 2 days each year. must be something "going around".

C0ffin D0dger

Original Poster:

3,440 posts

168 months

Tuesday 9th October 2018
quotequote all
Yeah, if that wasn't clear, I'd be getting two extra days pay added to my basic salary every year.

There are some advantages as the increase in basic salary would be a little more money going into my pension as this is done as a percentage, same with my bonus, share scheme, and annual pay rises.

Pinkie15

1,248 posts

103 months

Tuesday 9th October 2018
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Scenarios like this though I find you can't equate the monetary value of days work to having time off of work.

Had something similar when a company relocated, can't remember why, but we offered extra money, or extra day (might have been 2) holiday. I took the money. Pretty much regretted that every year after when I realised I could be enjoying more days away from work.


You probably have no choice (don't know if TUPE applies in your situation and whether there's anything you can do via that).

Monetarily, to me, 2 days holiday would be worth 2 weeks actual pay as recompense (pretty sure you won't get that though).

PorkRind

3,053 posts

228 months

Wednesday 10th October 2018
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You're lucky, i only get 22 days holiday. I was on 30 in my old job. Then i'm lucky if i can take them - boss is always off so have to cover for him ! rolleyes

Muzzer79

12,689 posts

210 months

Wednesday 10th October 2018
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Was your extra 2 days contractual?

Or was it a non-contractual benefit?

The former isn’t easy for the company to remove or change, the latter is

If it was a contractual benefit, politely inform them that you’d like to keep your contractual holiday entitlement, thank you very much smile

Du1point8

22,543 posts

215 months

Wednesday 10th October 2018
quotequote all
Im sorry I dont follow.

You are gaining 2 days salary, then your boss is happy for you to have 2 days unpaid leave.

So you are in the exact same situation as before and nothing has changed as you and your boss have sorted it out.

C0ffin D0dger

Original Poster:

3,440 posts

168 months

Wednesday 10th October 2018
quotequote all
Muzzer79 said:
Was your extra 2 days contractual?

Or was it a non-contractual benefit?

The former isn’t easy for the company to remove or change, the latter is

If it was a contractual benefit, politely inform them that you’d like to keep your contractual holiday entitlement, thank you very much smile
Contractual as far as I'm aware. Think I might stick to my guns on this one then. Haven't had the official letter yet just a verbal from my boss, I'll see what the letter says.

C0ffin D0dger

Original Poster:

3,440 posts

168 months

Wednesday 10th October 2018
quotequote all
Du1point8 said:
Im sorry I dont follow.

You are gaining 2 days salary, then your boss is happy for you to have 2 days unpaid leave.

So you are in the exact same situation as before and nothing has changed as you and your boss have sorted it out.
It's not as easy as that though as it's just an unwritten agreement between me and my boss. If he leaves then whoever takes over might not have the same understanding and in that case if I were to take parental leave, which I'm entitled to do, it has to be for at least 1 week unpaid. I know on paper it sounds like I haven't really lost anything but a greater leave entitlement has a more perceived value to me.

Sir Bagalot

6,888 posts

204 months

Wednesday 10th October 2018
quotequote all
2 days pay will soon disappear into future salary reviews.

Unpaid leave might disappear with new boss? Or pressure is put on your boss not to allow.

I'd be sticking to my guns on this one and saying no to their kind offer.

Pinkie15

1,248 posts

103 months

Wednesday 10th October 2018
quotequote all
Oh, (forgot to add yesterday) by the time you take tax and NI off of the "extra" money it will largely boil down to only an extra day's pay in your pocket.

Personally would do all you can to resist.

Jag_NE

3,312 posts

123 months

Wednesday 10th October 2018
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id be inclined not t o rock the boat with your new overlords. your new situation is better as you get paid more and still keep the 27 days, albeit unofficially. If/when your boss moves on there isn't anything stopping him negotiating the unofficial terms with his successor.

Kermit power

29,622 posts

236 months

Wednesday 10th October 2018
quotequote all
I can't remember the last time I didn't work for a company which let you buy/sell up to a week of your annual holiday entitlement. Are you sure they don't have this in the company that took you over? If they do, then just take the extra 2 days, then you can decide whether or not to buy those days back?

Muzzer79

12,689 posts

210 months

Wednesday 10th October 2018
quotequote all
C0ffin D0dger said:
Muzzer79 said:
Was your extra 2 days contractual?

Or was it a non-contractual benefit?

The former isn’t easy for the company to remove or change, the latter is

If it was a contractual benefit, politely inform them that you’d like to keep your contractual holiday entitlement, thank you very much smile
Contractual as far as I'm aware. Think I might stick to my guns on this one then. Haven't had the official letter yet just a verbal from my boss, I'll see what the letter says.
You need to be sure. Ask to see a copy of your contract and benefit terms.

Long term service awards tend to be non-contractual, so that they can be removed or changed if required.

HRL

3,353 posts

242 months

Wednesday 10th October 2018
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Just had some similar bks at my workplace.

HR dug their heels in and so did I for the past 6 months. In the end I complained but signed the new contract anyway.

However, I then got an immediate promotion which was nice. Doubt the two were linked though!

stumpage

2,198 posts

249 months

Thursday 11th October 2018
quotequote all
It's probably to do with Ageism Laws. It gets difficult giving any form of long service award now as the arguement is if a 65 yr old starts working for you they don't have the same equal oppertunity to get a 10yr award as a younger worker.

2 Days additional holiday will stand out and could be held against the company by a disgruntled older employee. By taking the days and giving you it in your pay it is easier to hide.

Kermit power

29,622 posts

236 months

Thursday 11th October 2018
quotequote all
stumpage said:
It's probably to do with Ageism Laws. It gets difficult giving any form of long service award now as the argument is if a 65 yr old starts working for you they don't have the same equal opportunity to get a 10yr award as a younger worker.

2 Days additional holiday will stand out and could be held against the company by a disgruntled older employee.
Seriously??? That's absolutely absurd! Surely the stock answer to that is "when you've been here for ten years, you can have the extra two days too, and we'd never be ageist, so if you feel you still want to be employed at the age of 75, then crack on".

Johnnytheboy

24,499 posts

209 months

Thursday 11th October 2018
quotequote all
stumpage said:
It's probably to do with Ageism Laws. It gets difficult giving any form of long service award now as the arguement is if a 65 yr old starts working for you they don't have the same equal oppertunity to get a 10yr award as a younger worker.

2 Days additional holiday will stand out and could be held against the company by a disgruntled older employee. By taking the days and giving you it in your pay it is easier to hide.
I get an extra week over the (bare legal minimum) leave entitlement for having been here 10+ years.

If they took that off me I'd just leave.

stumpage

2,198 posts

249 months

Thursday 11th October 2018
quotequote all
Kermit power said:
stumpage said:
It's probably to do with Ageism Laws. It gets difficult giving any form of long service award now as the argument is if a 65 yr old starts working for you they don't have the same equal opportunity to get a 10yr award as a younger worker.

2 Days additional holiday will stand out and could be held against the company by a disgruntled older employee.
Seriously??? That's absolutely absurd! Surely the stock answer to that is "when you've been here for ten years, you can have the extra two days too, and we'd never be ageist, so if you feel you still want to be employed at the age of 75, then crack on".
Yes seriously!!

https://www.xperthr.co.uk/faq/are-long-service-awa...
http://face2facehr.com/age-discrimination/age-disc...

That's just 5 seconds of google. Basically up to 5 years for service awards above that dodgy ground.

Kermit power

29,622 posts

236 months

Thursday 11th October 2018
quotequote all
stumpage said:
Kermit power said:
stumpage said:
It's probably to do with Ageism Laws. It gets difficult giving any form of long service award now as the argument is if a 65 yr old starts working for you they don't have the same equal opportunity to get a 10yr award as a younger worker.

2 Days additional holiday will stand out and could be held against the company by a disgruntled older employee.
Seriously??? That's absolutely absurd! Surely the stock answer to that is "when you've been here for ten years, you can have the extra two days too, and we'd never be ageist, so if you feel you still want to be employed at the age of 75, then crack on".
Yes seriously!!

https://www.xperthr.co.uk/faq/are-long-service-awa...
http://face2facehr.com/age-discrimination/age-disc...

That's just 5 seconds of google. Basically up to 5 years for service awards above that dodgy ground.
Ah, OK, thanks for those. I thought for a minute that there was actually a serious risk that I might lose my extra holiday! yikes

Reading those, so long as you've run a staff survey saying "would you feel more loyal to the business if you got an extra day's annual vacation for every five years you've worked here" and the response is positive, then you've got no problem.

Fortunately, our HR department do this sort of thing regularly, and I don't think any of my younger colleagues are stupid enough not to realise that they'll get older themselves over time! hehe