What holidays am I entitled to?

[rosettesforjill]

Before maternity leave, I was on 30 days' holiday (built up for long service) + 8 bank holidays. While I was on leave, DH got a new job 250 miles away from my place of work, but they agreed to keep me on part time working from home. I work three days a week, Tuesday-Thursday. It was the company's decision that I should work these days. (Not sure how relevant all of this is, but just for background!)

I am now trying to work out what holidays I am entitled to. I think I am entitled to add any bank holidays which fall on a Monday or Friday into my allowance and pro rata from that (giving 22 days). They think I am only entitled to pro rata the 30 days (giving 18 days), because of the days I have "chosen" to work (I didn't choose them, I agreed to them as the company suggested these would suit them best).

The wording in my contract with regards to bank holidays is:

You are entitled to all public holidays applicable to the country in which your normal place of work is situated in addition to your Company holiday entitlement and will be paid for each public holiday.

The Company reserves the right to require you to work on a public holiday in return for which you shall be entitled to extra holiday, equal to the period worked, to be taken as agreed with a Director of the Company.

When I came back from mat leave, it was agreed that I was entitled to include bank holidays in accrued annual leave.

I'm aware there is probably plenty of room for interpretation either way involved in this but would appreciate any input!

[prh47bridge]

Your contract is irrelevant. The law says that you must not be treated less favourably than full time staff. You are therefore entitled to the same holidays as full time staff adjusted pro rata. They get 38 days per year. The fact that 8 of them are bank holidays is irrelevant. As you work 3 days per week you are entitled to 22.8 days holiday per year.

So you are right (although you should be pushing for at least 22.5 days) and your employer is wrong. No room for interpretation at all.

[GiddyOnZackHunt]

Yes I work part time and my full time leave + all bank holidays is prorata to the full value.

[rosettesforjill]

Brilliant - thanks for the advice. I will stand my ground! I'm sure they're not doing it on purpose - they're a small company and a bit incompetent about this sort of stuff sometimes

[MafaldaHopkirk]

Just to add that any bank holidays that fall on your normal working days need to be taken from the 22.5/23 days holiday (in practice this is as a maximum only the Xmas day, boxing day and new years day bh if they fall on Tues -Thurs as all other bh are on Mondays or Fridays).

[MafaldaHopkirk]

Should add that the above applies to England - I'm aware bh are different in Scotland!