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Working bank holiday and holiday entitlement

markie g

Distinguished Member
Hi,

I'm wondering if someone can clear this up.

My GF's company has recently asked employees to start working bank holidays. As a result they will get double pay, however there has been no mention of having also a day in lieu.

As far as im aware everyone is entitled to min of 28 days holiday a year. She currently gets 20 days normal and there are 8 bank holidays a year. So if she works bank holidays she must also get a day in lieu to ensure she has the min 28 days a year. Regardless of whether the company pays her single time, double time, triple time for the bank holidays.

Is this correct?

Thanks
 

Kailash

Well-known Member
I would have though you would get the choice to work or not. but if you do work I don't think you'd get a day in lieu
 

Dony

Distinguished Member
Why do you think everyone is entitled to a minimum of 28 days paid holiday per year?

Edit: just read the above think and it says "most" workers are entitled to it, but not all.
 

Greg Hook

Moderator & Reviewer
Why do you think everyone is entitled to a minimum of 28 days paid holiday per year?
Because it's the law!

Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
 

markie g

Distinguished Member
Why do you think everyone is entitled to a minimum of 28 days paid holiday per year?

Edit: just read the above think and it says "most" workers are entitled to it, but not all.
Yeh, this is why im trying to clarify the issue.
 

Greg Hook

Moderator & Reviewer
The CAB website is less ambiguous than the one above.

Citizens Advice - Holidays and holiday pay

Who isn't entitled to it? my wife gets 24 days per year including bank holidays.
What does your wife do? I can't see how getting less than the 28 is at all legal unless there are really special terms.

EDIT: A bit here about the bank holidays:
Bank and public holidays
You do not have an automatic right to take bank or public holidays off work, with or without pay. This will depends on your employment contract.

Your employment contact may say that you have the right to statutory holidays or it may not say anything about contractual holidays or statutory holidays. In these cases, your employer can:

  • ask you to work bank or public holidays, or
  • give you bank and public holidays off without paying you for them. In this case, you won't lose your right to take your full statutory holiday at some other point, or
  • give you bank and public holidays off and pay you for them but ask you to count them towards your statutory holiday entitlement, or
  • do a combination of all of these.
 

Dony

Distinguished Member
The CAB website is less ambiguous than the one above.

Citizens Advice - Holidays and holiday pay



What does your wife do? I can't see how getting less than the 28 is at all legal unless there are really special terms.

EDIT: A bit here about the bank holidays:
Thanks for the second link.
She's an office worker. When she first started the job she was only on 10 days + bank holidays, but over the years that has crept up. I'll check with her later to make sure I haven't imagined it!
 

Greg Hook

Moderator & Reviewer
I think something is up there then. If she is a standard office worker, working full time 5 days a week then going by those links above she must be entitled to 28 days.

I can't see any reason for that law not to apply to her.
 

Dony

Distinguished Member
I think something is up there then. If she is a standard office worker, working full time 5 days a week then going by those links above she must be entitled to 28 days.

I can't see any reason for that law not to apply to her.
Ignore my previous posts...I've just phoned her to clarify.
When she 1st started it was 10 days + Stat days. It then went up to 15 days + stats, but over the last 5 years she has been getting extra days added. She is now on the full 28 days (which include Bank holidays).
She thinks that her employer was pulled up about their allowance a few years ago. As far as she is aware, the 28 days law is fairly recent.
 

Lobsterboy1

Active Member
As far as I know and I am only going by where I work which does not mean it is correct if you get paid double time for working a bank holiday you dont get any time in lieu, but if you work a bank holiday for normal time you get a day in lieu. Like I say I don't know weather this is right or wrong.
 

unique

Moderator
her entitlement is based on what her contract says. statutory entitlement in the uk is 5.6 weeks per year pro rata, which would be 28 days a year if someone works a 5 day week. there is no statutory entitlement to be able to take any specific days as holidays including bank holidays, nor any statutory right to be paid anything other than normal rate for any specific hours, so no statutory right to overtime rates, nightshift rates, etc.

as long as the company allows the 5.6 weeks entitlement as a minimum, how they work anything else out is a contractual matter. if she works 5 days a week and only gets 28 days entitlement then in order to get staff to work bank holidays they must be able to take the 28 days entitlement at other times. they can't just pay staff to work the bank holidays and lose a days holiday
 

markie g

Distinguished Member
her entitlement is based on what her contract says. statutory entitlement in the uk is 5.6 weeks per year pro rata, which would be 28 days a year if someone works a 5 day week. there is no statutory entitlement to be able to take any specific days as holidays including bank holidays, nor any statutory right to be paid anything other than normal rate for any specific hours, so no statutory right to overtime rates, nightshift rates, etc.

as long as the company allows the 5.6 weeks entitlement as a minimum, how they work anything else out is a contractual matter. if she works 5 days a week and only gets 28 days entitlement then in order to get staff to work bank holidays they must be able to take the 28 days entitlement at other times. they can't just pay staff to work the bank holidays and lose a days holiday
Exactly what i needed to know. Otherwise they are effectively buying her holiday day off her by paying double time.
 

rousetafarian

Moderator
@unique

I guess it refers to the wording of an individuals own employment contract, but does anyone know if you continue to accrue holiday entitlement whilst on garden leave?

I was put on garden leave on 14/02/14 for 8 weeks, so finish next week. Will those 8 weeks contribute towards holiday entitlement? I am still technically employed by the company and received all other benefits sat on my fat ass at home.

If they do count I surely should get paid for them, or use them to cancel out any days over my entitlement I took before the 14/02/14

Thoughts?
 

unique

Moderator
@unique

I guess it refers to the wording of an individuals own employment contract, but does anyone know if you continue to accrue holiday entitlement whilst on garden leave?

I was put on garden leave on 14/02/14 for 8 weeks, so finish next week. Will those 8 weeks contribute towards holiday entitlement? I am still technically employed by the company and received all other benefits sat on my fat ass at home.

If they do count I surely should get paid for them, or use them to cancel out any days over my entitlement I took before the 14/02/14

Thoughts?
Statutory, yes. Contractual would depend on contract. However the terms of the gardening leave may require annual leave to be used up wholly or partially.

However as an employee just ask your line manager or HR to clarify.
 

rousetafarian

Moderator
Statutory, yes. Contractual would depend on contract. However the terms of the gardening leave may require annual leave to be used up wholly or partially.

However as an employee just ask your line manager or HR to clarify.
Thanks, I have no holidays to take so will drop HR an email to see what they will say about the statutory/contractual side.

Cheers
 

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