Tuesday Q&As

24.1.23

This week . . . . .

• Change to the holiday policy

• Possible breach of contract

• Is this blatant pregnancy discrimination?

• Can you be made to work over your contracted hours?

• Equal work for equal pay?

• Is it too late to make a tribunal claim?

• Can I get a bad reference removed?

• Unpaid wages - what are the next steps?

• Working for a competitor whilst on annual leave - Is that allowed?

• Can my employer put me on a lesser paid contract if position no longer exists?

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Change to holiday policy

Q. My work has changed part of the holiday policy and should this change be in my contract and if so, am i in my right to decline a new contract and stay on my old contract if don't like the new holiday policy?

A. It depends. Your holiday policy is probably set out in the company handbook. Many handbooks are non-contractual and those that are often set out which policies do not form part of your contract.

If it’s non contractual it’s non-binding, i.e. it’s a policy and nothing more. An employer is free to amend policies at will, but they are still bound by the statutory rules governing holiday entitlement, so you must receive your minimum amount and you should be allowed to take all your holiday in the current holiday year. An employer is free to dictate when holiday can and cannot be taken, they can ask that it is taken in weekly blocks or can stipulate how much notice is required to take your holiday (providing it is more than the statutory minimum notice).

One point. If your holiday benefits are contractual and the changes are to your detriment, then you are entitled to refuse to accept them. Any contractual term that is fundamental to the contract, whether it be pay, holiday, working hours etc. should always have your agreement before implementation, so consultation with you is vital.

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Breach of contract

Q. What happens if an employer is not following the terms and conditions regarding pro rata bank holiday entitlement that are actually stated in your contract. I thought a contact was legally binded and needed to be followed?