3 day week - holiday entitlements ?

jos28

I have worked part time(mornings only) for the same company for the past 20 years. I have just been told that I am being put on a 3 day week. I am just wondering about my holiday entitlements. I normally get the standard 20 days per year. Do I now get 3/5ths of that ? I will now be working Tues-Wed-Thursday so what happens about Bank holidays that fall on Mondays or Fridays ? I've looked at the nera site but cannot find a definite answer. Any advice would be much appreciated.

Clauric

The best place to look is here.

Basically it says, 1/5th of a working week for part time employees, if they have worked 40 hours in the previous 5 weeks, for each bank holiday.

Your holiday entitlements will be a maximum of 3/5ths of the statutory entitements (i.e. 12 days), subject to conditions.

There is one thing that is not clear in your post. Did you ask, volunteer or agree to the change in working hours (i.e. 5-day to 3-day)? If you did not, your employer can't change the hourse/days without your permission and agreement. The relevant section from the CIC website is below:
Contractual terms and work practicesLegally there is a distinction between the terms in your contract of employment and work practices.
Contractual terms include pay, hours of work, sick pay and pension scheme. All of your contractual terms may not be in the written statement of your terms and conditions of employment. Some of your contractual terms could be in your staff handbook, a pension scheme booklet or a collective agreement. You can read more about contractual terms in our document on contract of employment. Changes to these terms must be agreed between you and your employer.



Source: Citizen's Information, "Changes to your contract of employment", from here

jos28

Thanks a million Clauric, those links are excellent. I did not ask for a reduction of my hours. It was basically take a massive pay cut or go on a 3 day week. Having read those links I realise the importance of getting everything in writing which I will sort out tomorrow. Thanks for clarifying the holiday situation. I was also concerned about future redundancy. I was afraid that if the business collapsed next year that my redundancy would be based on 3 day a week wages. Apparently you carry your 5 day entitlement for 1 full year after going on a 3 day week - so long as you have it all in writing !
Thanks again for your help.

Newaglish

jos28 wrote: »

Thanks a million Clauric, those links are excellent. I did not ask for a reduction of my hours. It was basically take a massive pay cut or go on a 3 day week. Having read those links I realise the importance of getting everything in writing which I will sort out tomorrow. Thanks for clarifying the holiday situation. I was also concerned about future redundancy. I was afraid that if the business collapsed next year that my redundancy would be based on 3 day a week wages. Apparently you carry your 5 day entitlement for 1 full year after going on a 3 day week - so long as you have it all in writing !
Thanks again for your help.

Yes - provided you have evidence that you did not accept the new arrangement (despite working the new arrangement), your redundancy is based on your 5-day week wages.

eastbono

OP I know you asked about holiday entitlements but you can now apply for casual jobseekers benefit as your working week has been reduced to 3 days. Get a letter from you employer stating that they are putting you on a 3 day week and go to your local sw office and apply.

jos28

eastbono wrote: »

OP I know you asked about holiday entitlements but you can now apply for casual jobseekers benefit as your working week has been reduced to 3 days. Get a letter from you employer stating that they are putting you on a 3 day week and go to your local sw office and apply.

Thanks eastbono, I'm going in tomorrow with all my documents, apparently I will get 3 days sw. This will change in July when anyone making a claim will be paid on a 5 day week basis not 6. It's going to be strange going into claim as I used to work BEHIND the counter in a labour exchange. It will be interesting to see what it's like from the other side.

jos28

Newaglish wrote: »

Yes - provided you have evidence that you did not accept the new arrangement (despite working the new arrangement), your redundancy is based on your 5-day week wages.

Does that mean I have to write to my employer telling him I don't accept ?

eastbono

jos28 wrote: »

Thanks eastbono, I'm going in tomorrow with all my documents, apparently I will get 3 days sw. This will change in July when anyone making a claim will be paid on a 5 day week basis not 6. It's going to be strange going into claim as I used to work BEHIND the counter in a labour exchange. It will be interesting to see what it's like from the other side.

It will be grand you can download the form from link below... bring in 2 forms of photo id... eg passport and drivers licence... if passport not available then long version of birth cert and proof of address...e.g. recent utility bill with your name on it. UP1 should be the form you download as you have not made a claim before from you post.

http://www.welfare.ie/EN/Pages/jajbapplications.aspx

Newaglish

jos28 wrote: »

Does that mean I have to write to my employer telling him I don't accept ?

It's a little vague but citizen's information gives the following guidelines:

Redundancy payment
If you were made redundant within one year of being put on reduced hours or pay, your redundancy payment would be based on your earnings for a full week. If you are made redundant after working reduced hours for more than a year, how your payment will be calculated depends on whether you accepted being on reduced hours or not. If you fully accepted the reduced working hours as your normal week and never asked to return to full-time work, then your redundancy payment will be based on your gross pay for the reduced working hours. If, on the other hand, you never accepted the reduced working hours as your normal hours and continually asked to be put back on full-time working, your payment would be based on your normal weekly earnings. If you have a dispute about this with your employer you could make a claim to the Employment Appeals Tribunal. (link)

Essentially what you need to do is to make reasonably frequent (monthly or bi-monthly) requests to be put back on full time. They don't need to be demands but if you send an e-mail (to keep a record) saying something along the lines of:

"Dear X,

I understand I have been on reduced [hours or pay] for [amount of time] and I just wanted to check if there is a possibility to return to my contracted working arrangements in the near future.

Kind regards,
Y"

You can even explain to them why you are doing it, in case they find the e-mails irritating.

jos28

Thanks Aglish, I'll make sure I send those emails.