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Is a work contract a legal document ?
steve m - 29/6/09 at 11:41 AM

Hi all

I have just received a letter from my employer, stating that my leave entitlment has been for the last 11 years incorrect
I should have 17 days leave. and 8 days lieu (i work shift work)

yet my contract dated 16 may 1996

states my leave entitlement of 20 days leave and 8 days lieu of bank holidays

Surely my letter of contract is the correct one ? and any change to that has to be discussed between both partys

regards

Steve

blakep82 - 29/6/09 at 11:43 AM

its a legal contract. if you have one saying 20 days, if thats the most recent, thats the correct one. they gave you it in writing

omega0684 - 29/6/09 at 11:45 AM

yes, its a contact, signed by two parties, you and the employer, if they want to change it you HAVE to sign the new contract as well as them. if you refuse they can't change it.

designer - 29/6/09 at 11:49 AM

Most employees never sign a work contract, you automaticaly accept them as soon as you get paid.

Today it is very easy for employers to change a work contrac, all they have to do is give adequate notice of any change.

Humbug - 29/6/09 at 11:53 AM

Regardless of which statement takes precendence, by law you should get 28 days per year... which your employer (like mine) can decided to include bank holidays, so... even in that case, you should be entitled to 28 including bank holidays at minimum, which would be 20+8 if they want to state it like that.

More info available here

btw, If you have a contract with 20+8 and they are trying to reclaim pay from you on the basis of 17+8, then I would strongly resist on the basis of your existing contract; they can't retrospectively apply things like that, cetrtainly not for 11 years!

[Edited on 29.06.2009 by Humbug]

blakep82 - 29/6/09 at 12:03 PM

^ agree.
either way though, they're at it. i mean, they reckon they hadn't noticed for 11 years?! no way

Vindi_andy - 29/6/09 at 12:19 PM

do you close for christmas?

The way my previous employer did it was 8 bank holidays + 17 Days to take as needed and 3 days between christmas and new year when the office was shut.

If you dont close for christmas it should be 20 day to take as you wish as long as it conforms to any additional office rules

[Edited on 29/6/09 by Vindi_andy]

smart51 - 29/6/09 at 01:03 PM

quote:
Originally posted by omega0684
yes, its a contact, signed by two parties, you and the employer, if they want to change it you HAVE to sign the new contract as well as them. if you refuse they can't change it.


Untrue. They can impose a change of contract on you. They just have to give you notice of the change. I seem to recall it being 90 days but don't rely on that, If you continue to turn up to work after the notice period has expired, you are deemed to have accepted the new terms. If you don't turn up, you are no longer employed.

My last employer spelled this out in detail because of their intention to increase the number of hours per week we would work in exchange for no pay rise at all. It was part of the reason I left.

pewe - 29/6/09 at 02:15 PM

My understanding of contract law is that the most recent one is the one that counts.
They cannot claim to have made a mistake on that one and try to enforce a previous one just because it suits them.
It is after all their responsibility to ensure contracts which they draw up are correct.
It does beg the question though as to whether there is an as-yet unannounced agenda here.
Are they finding the going tough and are looking for ways to dis-enfranchise employees (i.e. encourage them to leave of their own accord) without making them redundant?
HTH.
Cheers, Pewe

steve m - 29/6/09 at 03:41 PM

Thanks for all the replies
I / we have somethings to go on now

I work for britains best airline, although the second largest in the UK
obviosly i dont want to mention there name !

And yes the company is trying to save £££, and yes like most other companys, it will be at the expense of the normal worker

intrestingly when i do the calculator
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642
with the hours/shifts i work, my leave entitlment is 17.96 days leave plus 8 lieu days

so perhaps as i am a shift worker on days and nights, (and will die earlier) "they " have us by the throats

regards

Steve