holiday entitlement for long serving employees

[Barney's pal]

one of our full time (5 days a week) employees has been with us since 1993. What is his correct holiday entitlement. He reckons because of long service he is entitled to extra days. At the moment he gets 24 days + bank holidays on top of that. I looked on the direct gov holiday entitlement section but it does n't say anything about someone who's been with an employer over 15 years. any help appreciated.

[another-view]

Surely, it's up to the employer to set holiday days? I don't see what long service has to do with it but many employers over a few extra days (usually 5) if they wish but surely only Bank holidays are a legal requirement?

[hc4361]

He is only legally entitled to the statutory minimum, plus any extra days as stated in his contract (or has become the accepted norm in that workplace over a long period of time).
He is already getting more than he is legally entitled to, so it is entirely down to you.

[scotchollie]

As I understand it, you only get an extra entitlement after 10 years service. It may well depend on the contract of employment and terms and conditions applicable when appointed - unless you guys have had some sort of Equal pay settlement, where you signed up to a new contract with new terms of service. As it stands, I have a friend with 15 years service and she's on 28 days, plus public holidays, so your employee may well have a point...

[hc4361]

another-view, the law states he is entitled to 28 days including bank and public holidays, assuming he works full time, 5 days a week.
http://www.direct.gov...dholidays/DG_10029788

[Buenchico]

The only statutory holiday entitlement is to a total number of days (including public holidays) calculated at 5.6 times the number of days worked each week, but capped at 28 days.

Any additional holidays are solely a matter for the individual employee's contract with his employer. Some organisations (such as the rail company I used to work for) do provide additional holidays for long-serving employees but (unless there is specific provision for this in an individual employee's contract, or his union has negotiated a collective agreement in respect of this) there is no automatic entitlement to any additional holidays.

So, unless there are contrary agreements in place, your colleague's annual holiday entitlement will remain exactly the same as it is now irrespective of how long he works for the firm.

Chris

[Barney's pal]

he seems happy that its 24 days plus 8 days on top for bank holidays, Last holiday year it was 21 days + 8 days on top for bank holidays and he was a bit unhappy with this thats why we put it up. He rarely ever takes his full entitlement, but I think its the principle. We like to be fair and want to have a good relationship with employees, as we only are a small business and it helps if everyones happy. It makes life alot easier when you're working everyday with someone, employee or not!

[crapmemory]

You sound like a nice employer Barney's Pal. I need a job, have you got one for me?

[jb190281]

local government employees get extra entitlement after 5 years service (extra 5 days for our LA) so i would imagine a lot of government agencies would. i dont think there is a rule for private companies though.

[palan]

I went to an employment seminar last year. It was stated that a case was going through a european court whereby an employee thought it was unfair that he was only entitled to x amount of days when employees who begun working at the company at an earlier date were entitled to long service holidays (1 day for each completed year,up to a maximum of 5 additional days). The company had withdrew this from a certain date for new employees. It was deemed that this was unfair on "new starters",and therefore discriminatory,the case being upheld. Employees were warned that this should be closely monitered as it was possible the ruling could become legal in the uk. I have not heard or read of this since,but it may be worth checking out with a solicitor.