Error made over annual leave accrued on maternity leave

My employer sent me a signed and dated letter when I went on maternity leave. In the letter it stated how many annual leave days I would have to take on my return to work. These are annual leave days accrued from 2018 which will roll over until next year. I had several meetings with HR before I left to discuss this amount and this was confirmed in the signed and dated letter. I am now on maternity leave and I received an email from HR stating that due to a system error they have calculated my annual leave incorrectly and I will lose five days. Can I push what was agreed in the letter or are they within their rights to make changes like this after producing a signed document?

Working Mum

 

Although they have sent you an official signed letter, they have made a mistake and can amend this without any repercussion.

There would have been an amount of annual leave that you would have been entitled to in your contract, for example, if working full time the statutory amount of annual leave is 28 days ( including bank holidays, for a full-time employee).

Maternity annual leave is a calculation of this, worked out using how much has been taken for the year and how much can be taken from the next annual leave year.

Unless the letter is a contractual letter/ amendment to contract for a reduction of hours with a clause of annual leave entitlement in it, there wouldn’t be anything that could be done, unfortunately. If it was a contractual letter then you would have a case to disagree.

I would be tempted to ask if anything can be done, as a goodwill gesture, for example, could they allow you to use half of the days if you have already got a holiday booked? Or could you take the time off (unpaid) if that was something that would be of use?





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