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shane sweeting
Member - 4 posts
When our employees get to five years of service we are rewarded with an extra two years. We now face a problem where someones anniversary date is the middle of June. The company say that the person in question will not get the extra days until the beginning of the next financial year, which starts in April. I thought he should get it pro rata. Can they do this as nothing is in our company agreement?

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shane sweeting
Member - 4 posts
SORRY, it was mean't to read when our employees get to five years service we are rewarded with an extra two days holiday.

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Kevin Brown
Member - 94 posts
Sounds like an implied term of employment. Do you have any precedent for this happening before? Perhaps even better would be evidence to the contrary, which would tend to raise the spectre of unfair discrimination. A reasonable assumption (IMOH) would be that 5 years is 5 years, not 5 years 9 months.
Where I work, if a jobholder’s entitlement changes during their leave year
they receive a proportion of the new entitlement for the remainder of their existing leave year and the full new entitlement from the start of the next leave year.
(Don't forget, From 1 October 2007 the statutory leave entitlement increased from 20 to 24 days (4.8 weeks) paid holiday in each leave year, including public holidays. From 1 April 2009 this increases to 28 days (5.6 weeks)).
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