Holiday entitlement/legal stand point
Discussion
Wondering where I go to next on this .At the moment the other half gets the minimum holiday entitlement (and only just as her boss would not believe that the days had gone up)Now it transpires that he expects her to count one of her days off if we book a holiday.
To explain further she works Tuesday to Saturday so Sunday and Monday are her days off.Now if we book a week away say Friday to Friday (which we did last month) he has taken the Monday she normally has off as a holiday day (so in effect she has to take 6 days off )
Now I would think this is illegal and although she hasn't confronted the Boss about it yet I would like the point of view of someone who knows for sure before she goes in all guns blazing
To explain further she works Tuesday to Saturday so Sunday and Monday are her days off.Now if we book a week away say Friday to Friday (which we did last month) he has taken the Monday she normally has off as a holiday day (so in effect she has to take 6 days off )
Now I would think this is illegal and although she hasn't confronted the Boss about it yet I would like the point of view of someone who knows for sure before she goes in all guns blazing
Does her contract state her hours/days of work as being Tuesday to Saturday? This would put you on stronger ground to argue the point.
Otherwise I would put it to the boss that as she is customarily working Tuesday to Saturday, then her holiday entitlement should be matched accordingly.
This is an idiots view, not a legally trained view
Otherwise I would put it to the boss that as she is customarily working Tuesday to Saturday, then her holiday entitlement should be matched accordingly.
This is an idiots view, not a legally trained view
MrV said:
Just asked her and she does not even have a contract !!!!
In which case I would suggest that you argue it on the point that it is common practice that she works Tuesday to Saturday, therefore her holiday entitlement runs along the same lines. I.E. He can't take a Monday as part of her holiday entitlement as Monday is, in effect, part of her weekend.That's dodgy.
If she works a 5 day week then for a week-long holiday she should only have to take 5 days leave.
Him sneaking in an extra day is not on.
Get her to confront him (politely and professionally)
Give him the benefit of the doubt and enquire as to whether there's been some kind of error (even if you know there hasn't)
If he starts playing hard ball, reconsider position in company and start looking elsewhere.
If she works a 5 day week then for a week-long holiday she should only have to take 5 days leave.
Him sneaking in an extra day is not on.
Get her to confront him (politely and professionally)
Give him the benefit of the doubt and enquire as to whether there's been some kind of error (even if you know there hasn't)
If he starts playing hard ball, reconsider position in company and start looking elsewhere.
Edited by Muzzer on Tuesday 26th May 11:44
Hi James
If I have read your post correctly, she has taken off Friday to Friday, so excluding Sunday and Monday, I make that 6 days annual leave so the correct amount has been deducted (unless you meant she was back in work on the Friday)
An employer must legally provide a contract by the 13th week of employment. I would suggest she asks for one to prevent such future issues. Regardless of this, it is custom and practise that she works Tuesday to Saturday, therefore her rest days are Sunday and Monday and cannot be deducted as leave days.
If I have read your post correctly, she has taken off Friday to Friday, so excluding Sunday and Monday, I make that 6 days annual leave so the correct amount has been deducted (unless you meant she was back in work on the Friday)
An employer must legally provide a contract by the 13th week of employment. I would suggest she asks for one to prevent such future issues. Regardless of this, it is custom and practise that she works Tuesday to Saturday, therefore her rest days are Sunday and Monday and cannot be deducted as leave days.
Edited by Firefoot on Tuesday 26th May 16:53
Firefoot said:
Hi James
If I have read your post correctly, she has taken off Friday to Friday, so excluding Sunday and Monday, I make that 6 days annual leave so the correct amount has been deducted (unless you meant she was back in work on the Friday)
An employer must legally provide a contract by the 13th week of employment. I would suggest she asks for one to prevent such future issues. Regardless of this, it is custom and practise that she works Tuesday to Saturday, therefore her rest days are Sunday and Monday and cannot be deducted as leave days.
Thanks Debs ,yep she took off Friday to Friday but he had marked down the Monday as a days holiday to so he reads it as 7 days off where in fact it is 6 as you say.If I have read your post correctly, she has taken off Friday to Friday, so excluding Sunday and Monday, I make that 6 days annual leave so the correct amount has been deducted (unless you meant she was back in work on the Friday)
An employer must legally provide a contract by the 13th week of employment. I would suggest she asks for one to prevent such future issues. Regardless of this, it is custom and practise that she works Tuesday to Saturday, therefore her rest days are Sunday and Monday and cannot be deducted as leave days.
Edited by Firefoot on Tuesday 26th May 16:53
On a side note must catch up with you sooner rather than later
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff