Dan
Premium Member
Registered: 22nd Apr 02
Location: Gorleston on Sea, Norfolk
User status: Offline
|
Need some advice guys,
The missus went back to work this month from her maternity leave.
Prior to leaving, she was full time and holiday ran from april to april.
She has now returned on part time basis. She has been told she will just loose the holiday gained from april - now, as she didnt add it to her maternity.
Now my understanding from reading what i can find on google is that she is entitled to full time holiday allowance from april until start date of part time work. Which equates to 6months worth.
They have said she will lose it as a full timer, and get part timer allowance from april to april. Meaning she loses out on nearly 3 weeks holiday.
Anyone know the law on this and whats right and wrong??
Adult GiftsClick here to vist us
|
LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
|
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642
if shes worked 6 months fulltime shes accrued 6 months worth of full time holiday
|
Rob_Quads
Member
Registered: 29th Mar 01
Location: southampton
User status: Offline
|
Legally they probably do have to give her the 6 months worth of holiday
Give ACAS a ring - they should be able to clear it up.
Helped when my missus was made redundant as we found out that if she admitted he had already found a new job it could be consued as mutal agreement to finish i.e. releasing any notice pay.
They could probably force her to take it all now and then from that point on earn part time holiday as she is starting a new employment contract.
[Edited on 20-10-2011 by Rob_Quads]
|
Kerry
Member
Registered: 5th Oct 01
Location: Norwich
User status: Offline
|
Definitely ring ACAS they are brilliant
But as far as I am aware then yes she should be entitled to holiday based on her hours up to the point she then became part time
It might just be that they have genuinely got it wrong rather than them being arses so try and make sure you approach the situation with care so not to cause further problems
|
Dan
Premium Member
Registered: 22nd Apr 02
Location: Gorleston on Sea, Norfolk
User status: Offline
|
Found a bit more info off her now she is home.
The current policy states that if you return to work part time, you must use all holiday earnt whilst off before returning to work.
However, when she went on leave, it was a different policy to this, which doesnt mention it. She started on 1st jan, this policy didnt come out to march.
She signed a form to say she had read the policy etc, so surely she cant be expected to check the new policy whilst off?
Adult GiftsClick here to vist us
|
Kerry
Member
Registered: 5th Oct 01
Location: Norwich
User status: Offline
|
When she is on maternity leave she should still be kept up to date by her manager so any change in policy she should of been informed of. If this didnt happen then its poor management therefore id take if further but like i said sometimes having a grievance at work is more trouble than its worth!
|
taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
|
they owe her full holidays. a girl from our firm has just returned and got her full allowance from when she was on mat leave, she returned full time also
|
taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
|
part i mean
|
