only 20 days a yr hols

flea.rider · 28 Jan 2018 at 19:56

ok so the company I work for only gives us 20 days holidays a yr ..
they pay even if you don't want it double time on bank hols .
I've tried to talk to them but they say it's legal ..
and I say no we must have 28 days away from work every yr ..
contacted acas they say the same ..
now I don't want to lose my job been there nearly 2 yrs
and im getting on a bit ..
so what can I do ?

Dis86 · 28 Jan 2018 at 20:01

You point out that they're breaking the law.

flea.rider · 28 Jan 2018 at 20:03

Dis86 said:
You point out that they're breaking the law.

yes as far as I've been told .. but if I go to court i'll get binned .. there must be 100 people working for them most 90% on min wage

cyber69 · 28 Jan 2018 at 20:04

https://www.gov.uk/holiday-entitlement-rights

28 days including the 8 bank holidays is the legal minimum so with your 20 days they are within the law unless you work part time

flea.rider · 28 Jan 2018 at 20:07

but that's the point we are not getting 28 days only 20 ..

Dis86 · 28 Jan 2018 at 20:08

flea.rider said:
yes as far as I've been told .. but if I go to court i'll get binned .. there must be 100 people working for them most 90% on min wage

and then you sue the living crap out of them for constructive dismissal.

SpeedFreak · 28 Jan 2018 at 20:11

flea.rider said:
but that's the point we are not getting 28 days only 20 ..

So you get 12 plus bank hols?

Ekim · 28 Jan 2018 at 20:15

SpeedFreak said:
So you get 12 plus bank hols?

Way I read it he gets 20 days leave he can choose and then double pay on the bank holidays - but he doesn't have a choice if we works them or not. If he works them he should be getting those days back in lieu.

LOAM · 28 Jan 2018 at 20:17

So 12+8?

If so that's below statutory minimum. You must have 28 days paid annual leave which can be include the 8 bank holidays.

https://www.gov.uk/holiday-entitlement-rights

Point them to that link, it explains it all.

Obviously there are different rules if you're self employed or part time. Your options are limited to either sucking it up, reporting them or leaving , if they won't change

Dis86 · 28 Jan 2018 at 20:20

How are you guys not getting this? He's made it pretty clear he's only getting 20 days and has to work bank hols!

trigg_27 · 28 Jan 2018 at 20:22

If you're being required to work bank holidays, then you should be receiving 8 additional days off in lieu. If you have the option to work the bank holidays for double time and choose to take that up then that is your choice.

My guess is that the employer treats the bank holidays as 'optional' but in practice they are required working days, in which case they are breaking the law

platinum87 · 28 Jan 2018 at 20:23

Dis86 said:
How are you guys not getting this? He's made it pretty clear he's only getting 20 days and has to work bank hols!

Its not clear at all really

I assumed this, but i would not even be confident enough to bet £1 on that.

x-st · 28 Jan 2018 at 20:28

The wording on my contract is similar in the sense they separate the selectable holiday days (20) and the bank holidays, stating 20 days leave plus the other 8. I'd be incredibly surprised if OP, and others working for the same company, are all losing out on the statutory requirements.

Thekwango · 28 Jan 2018 at 20:32

x-st said:
I'd be incredibly surprised if OP, and others working for the same company, are all losing out on the statutory requirements.

why would you be incredibly surprised?

x-st · 28 Jan 2018 at 20:40

Thekwango said:
why would you be incredibly surprised?

Because it's common knowledge that 28 days is the minimum holiday entitlement. OP might just be questioning it now, but I'm assuming he's not the only employee there and someone else is sure to have raised the point over the 2 years he's been there. It would seem unlikely that losing a huge proportion of your entitlement is going to go uncomplained about for very long.

Glaucus · 28 Jan 2018 at 20:42

with paid bank holidays that is 28days a year.
if you are forced to work them, then you should get a day in lieu. if its optional then you are taking the money.

LabR@t · 28 Jan 2018 at 20:57

flea.rider said:
ok so the company I work for only gives us 20 days holidays a yr ..
they pay even if you don't want it double time on bank hols .
I've tried to talk to them but they say it's legal ..
and I say no we must have 28 days away from work every yr ..
contacted acas they say the same ..
now I don't want to lose my job been there nearly 2 yrs
and im getting on a bit ..
so what can I do ?

20 days + bank holidays or are you including them!

Rroff · 28 Jan 2018 at 20:59

Yeah definitely should be getting 20 days clear and the option of days in lieu though might be compelled to work the bank holidays due to the nature of the job.

One thing I like where I work now - they are generous on holidays and breaks beyond what they absolutely have to by law - and I only have to take 4 days out of my allowance to cover bank holidays (we have to choose to work 4 of them).

LabR@t · 28 Jan 2018 at 21:42

It is illegal to force to take as money, if you don't want to.

Boycey0211 · 28 Jan 2018 at 22:45

This is the most cryptic request for information ever. It looks like the OP has been told this is wrong and still continues to confuse everyone else about what is his requirement.