28 days Annual Leave

[mohd07]

Hello there,

I'm not sure if I'm posting my query on the right forum section but i really need your help and suggestions please.

My wife is working full time in the restaurant company. She been working there for one year. The company refused to give her 28 days annual leave. The company said they can give her only 14 days holidays. There is nothing special about holidays in the company rough contract papers. Can someone guide or advise me, if she can do anything or legal action? Thanks

[CR001]

What does her contract say about annual holiday entitlement?

Did she want to take 28 days in one go?

How long has been working there and how many hours per week does she work?

[mohd07]

Thank you for reply.

Her contract says that

' Your annual holidays calculated on a pro rata basis in accordance with the hours actually worked and includes any public holidays entitlement may or may not exist. On termination of employment your accrued entitlement for holiday pay is calculated on the basis that for every working day you are employed by the company. You will be entitle to 1/260 of your annual holidays entitlement. You may be paid for any annual leave outstanding from the final holiday year of your employment. '

Yes, she wanna take 28 days as she been working there since January 2016. She works 9 hours per week.

I just dont understand what her contract says because its very technical. I'll be very thankful to if you can help me or advise me and also what does that mean 1/260??

[CR001]

If she only works 9 hours per week, she won't be entitled to 28 days holiday because she doesn't work full time.

It is at the employers discretion to grant holiday, especially so much in one go.

Suggest speak to Citizens Advice or ACAS.

[noajthan]

See also:
https://www.gov.uk/holiday-entitlement- ... ntitlement

If only working 9 hours a week the statutory entitlement is around 50 hours for a full year:
https://www.gov.uk/calculate-your-holid ... l-year/9.0

[mohd07]

Oh i apologised for my mistake. Basically she work 9 hours per day and 45 hours per week. 9 hrs x 5 days = 45 hrs

[mohd07]

See also:
https://www.gov.uk/holiday-entitlement- ... ntitlement

If only working 9 hours a week the statutory entitlement is around 50 hours for a full year:
https://www.gov.uk/calculate-your-holid ... l-year/9.0

Thank you Noajthan, I'll check these links as well.

[Leatherwood]

Interesting, did she get the 28 days?