When i started my job in February my contract stated i will work 3 days and i will be entitled to 20 days holiday per year from april to april. It did NOT state this was pro rata, this was signed by all three of my bosses- the two co-owners who are both active in the company and the manager.
Around july time whilst booking my summer holiday i pointed out this to my manager. I told her i thought she had made a mistake and that i had more holiday then i should, to which she replied "its complicated, the holiday has changed and i actually think you get 21 days, i told her again i was sure she is wrong and that it was not that complicated and actually i understand it (statutory holiday time) quite easily. Again she told me, insisted, i was wrong and didnt know what i was talking about and she would confirm i have 21 days later.
So today i asked how much holiday i have left as id lost count to which she told me i had two. I told her i was sure i had more then that left as i'd been saving some in case my little one got ill or i wanted some in the new year. She told me i hadnt, i only have 16.5 days a year and i'd used 14.5 of them. So i told her no, that my contract stated 20 days, she replied this was pro rata and i said no its not, my contract doesnt say that and she said, "well thats what it is, bring in your contract next week when (the two owners) are back from holiday".
Now i know next week i will do that and they will say accept less holiday or you know where the door is- that is exactly how they are. But i would never have used the time i have if i had not had as much as my contract says, i would have made sure i had enough in case my little one is ill for as long as possible. But i dont want to get sacked over it and i certainly wont quit, but at the same time i dont want to be treated like an idiot. i would be much more inclined to forget about it had i not told her in the summer, but she was so pig headed and adament she was right (she's ALWAYS right and doesnt like being told she's not)

To complicate my work life further, this comes two months after they realised they had made a mistake with my wages and paid me too much (about 100 pounds a month since started) but said as it was not my mistake they would not make me pay it back, i dont want them to go back on that and say i have to- having lost £100 a month anyway i certainly cant afford to pay them back on top of the loss.

I'm sorry this is so long but i would like to give the whole story and see if anyone has any idea where i stand legally with this mess.
If i get sacked or made redundant over it is it wrongful dissmissal? And as all 3 of them signed my contract can they make me take less time. They will try and bully me into it i'm sure (they are not nice employers) and so i would like to be able to discuss with some level of confidence, or at least go into the meeting with tem as well informed as possible. Also, would i be best to take someone in with me on my behalf as a witness to any conversation if it becomes a problem? Im sure it wont end good for me at all.
Thanks!

Sorry, but if you only started in February of this year, you would not be able to take them to tribunal for unfair dismissal, you would need to have been there for a year.

Is there a staff handbook? Check your contract very carefully, it may say that the contents of the contract PLUS the contents of the staff handbook form the basis of your terms and conditions of employment and you may find reference to holidays being 'pro rata' in the handbook.

As a relatively new employee, you may find you have to swallow this. I guess if you needed extra time off, they might let you take a few days unpaid (if you can afford to of course).

Good luck, it's not a nice position to be in.

Sx

16.5 days are your standard holidays you are entitled to. It increased this year and its about 5.5 x your standard week.

Saying this, a contract is a contract and you are entitled to the days you all agreed to. It is their fault.

Unfortunately, the world doesn't always work to whats right. It would probably cost you more in the long run to take them to a tribunal or whatever if you did stop working there.

I suggest you bring in your contract and discuss it calmly with the owners. Let them know that you have arranged your year according to this time off, but you will be happy to go back to 16.5 days on a new contract from February.

Good luck x

Make sure when you do discuss this with your contract in hand, that it's a COPY of your original contract

I've just had another thought....

It would also depend on when their 'holiday year' starts. If the 'holiday year' starts on January 1, then you would have to work from Jan 1 to Dec 31 in order to accrue the full holiday entitlement. As you did not work in January (and maybe also part of February) you would not accrue holiday entitlement for those weeks.

So... if you were getting 20 days per holiday year, you would accrue 1.66 holiday days for every month in the holiday year that you would be working. So, the 20 days would reduce by 1.66 days for not working January and also by a further third of a day for each week in february that you didnt work.

Sorry if I sound like a bit of a know-it-all but I've spent a lifetime working on stuff like this.

The advice to negotiate with them and agree to go to 16.5 days in the next holiday year is good advice.

Again, good luck xx

Thanks for taking the time to reply. It is looking like my contract is worth less then the paper it is written on for me. Dont know whatneed there is for me to sign it when it clearly offers me no benefit....sorry feeling sorry for myself now lol. Hate the job with a passion anyway.

My contract is not in depth, it is one a4 sheet stating when i start, the days i work and the hours i work, that i get 20 days paid holiday a year between april to april and that i am required to give 30 days notice of leaving. Very simple no frills and no long words or clauses.

The bosses are power hungry bullies and make rules for the sake of being difficult- honestly! e.g We have to arrive 10 mins earlier (unpaid) then we are due to start or we are counted as late, we must had our phones in to the supervisors at the start of the day- they are not to be left in our cars, if they are we are not allowed to park on the premesis, we must attend regular ear bashings, ahem, staff meetings at 7pm-8pm (again, unpaid) (a one way rant saying the same thing everytime, if you speak out to say there is a problem you will be punised by being relocated to either another room in the same building or if you've been really naughty, even their other building!)....to give the very briefest of examples.


I would like to discuss this calmly with them but i know it will be pointless, the last time i had a problem (i only wanted to leave my phone in my car so i dont forget it overnight!) i was screamed at that she (my boss) is sick to death of staff attitude and if i dont do as she says i know where the door is. This will be the reposne i get. I would happily reduce for next years holiday entitlement if could, shes just not one for compromise.

So basically, i dont have a leg to stand on despite all three of them signing my (very basic) contract that stated 20 days?

it sounds as tho you should look for another job, it doesnt sound like the right salon for you

I agree. I just couldn't be spoken to like that, it's tantamount to bullying for God's sake! I know money is tight at the moment, but I think I would be telling them to shove it where the squirrel shoves his nuts!!

i really cant understand how they can tell you to hand your phone in to them if you want to leave it i your car how can they say no.

id look elsewhere sounds like they are bullying

They do just like to feel important. Its actually not a salon i work in (unfortunately!!) so if it wasnt on christmas' doorstep and i didnt have a wedding to save for i certainly would be out the door. But, needs must and until something suitable can be found i cant afford to be out of work right now.
I'm hoping that even if i cant find a new day job by april my plan is to jump into self employment anyway, i just dont have the guts right now or the practice beneath my belt.
Thanks for help! And other opinions too...some times i do wonder if its just me and my pmt