Can I be forced to change holiday entitlement?

[Johnny222]

Hi
I went from full time to part time about 7 years ago. I now work 3 days per week.
The owner of the company at that time generously continued to give me 20 days holidays, a benefit I have had for 7 years now.
His son has now taken over the company and has started asking about this arrangement with a view to changing it.
I normally have about 6-8 days untaken at the end of the year which I carry over to the following year. For example I am starting this year with about 28 days.
For a 3 day week, 28 days plus 10 bank holidays, works out almost 13 weeks of holidays available to me this year, hence why my new employer is looking at it.

The new owner has been running the company for 3 years now and has been aware of this since he started and has not mentioned this until now.

My question is, do I have any options if my new employer decides to change this and only give me the statutory pro-rata holiday entitlement? Does the fact that I have been receiving these employment conditions for 7 years mean that he cannot change it?


Thanks for any guidance.

 

[ClubMan]

What does your contract of employment state about holiday entitlements?

 

[Salvadore]

Does the fact that I have been receiving these employment conditions for 7 years mean that he cannot change it?

Not necessarily.

You could argue that as the practice has continued for seven years, it should be regarded as an implied term of employment.

Your employer could argue to the contrary and reduce your leave.

Then it would be a matter for you to consider whether you want to appeal this decision, initially through use of your company’s grievance procedure.

 

[Johnny222]

What does your contract of employment state about holiday entitlements?

My contract states - " If you work for at least 1365 hours during the holiday year you will receive a paid holiday entitlement of four of your working weeks during the complete holiday year. Alternatively, you will recieve a paid holiday entitlement of 8% of the total hours worked in the leave year, subject to a maximum of four working weeks"
But, about 5 years ago I was promoted and I was asked to sign a new contract. At the time I was worried that taking the new position would result in me losing the extra days leave so I included the following in the contract before it was signed by the MD. "You will retain the holiday entitlements agreed with the managing director that you are currently receiving"

 

[Sue Ellen]

I normally have about 6-8 days untaken at the end of the year which I carry over to the following year. For example I am starting this year with about 28 days.
For a 3 day week, 28 days plus 10 bank holidays, works out almost 13 weeks of holidays available to me this year, hence why my new employer is looking at it.

To be fair to your employer that's an awful lot of holidays to be carrying over each year and it would be hard for any company to accommodate 13 weeks of holidays and still maintain a proper service at the same time. This is the very reason why a lot of companies have put a stop to carrying over holidays. It is definitely mismanagement on their part to have allowed this situation to come about.

 

[Salvadore]

His son has now taken over the company and has started asking about this arrangement with a view to changing it.

What change has been sought? If your current leave entitlement is expressed in writing, you would seem to be protected.