| Comment | No, employment legislation sets the MINIMUM statutory rights of an employee, that cannot be superceded by an employment contract.
An employment contract can include any terms that are above and beyond those statutory rights, and is a legally binding agreement between employee and employer.
For example, do you think if I sign an employment contract that has an annual salary of £100k, the employer can just pay me minimum wage, because employment legislation says that's all I'm legally entitled to? Or do you think I could take my employer to tribunal for breach of contract?
Because it's exactly the same for holiday entitlement - if my contract says I'm entitled to choose when I take my annual leave entitlement, then that's a legal agreement between me and my employer IN ADDITION to my statutory rights. |
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