Full time employee doesn't work Mondays - what happens for bank holidays?

[HeyCat]

We are planning to employ a full time nanny but they would not be working on Mondays. I'm not sure what's normal/required in terms of bank holidays?

You are still entitled to them and any that fall on a Monday are added to your annual leave allowance where I work.

If she is working 5 days a week she is entitled to 28 days paid holiday per year. For people working Monday to Friday that would normally be 20 days plus bank holidays.

My understanding is that Bank Holidays are taken only in the actual day, unless there is something in the contract of employment to say otherwise.

Where I work, the idea is that there is no advantage to working / not working on any particular day. So you are entitled to a certain number of bank holidays per year (pro rated for part time employees) and your annual leave allowance is adjusted by the the difference between your entitlement and the number of bank holidays you actually have off.

Everyone is entitled to 5.6 weeks of annual leave including bank holidays. So if she doesn't work on a Monday then she will get more annual leave to use flexibly. Part time workers that do work on a Monday end up without much to take on top of their bank holidays.

She gets credited the bank hol hours from Mondays to take at another time.

Assuming your nanny is working 4 days minimum holiday will be 22.4 days. Any bank holidays that do fall on working days (Xmas /Easter) you can mandate come out of that 22.4 days. You can give more holiday than that but not less.

Where I work, you lose it. Lots of people choose different non-working days over Mondays for that reason.

Ignore bank holidays. It overcomplicates things unless someone works conventional Monday to Friday full time hours.

She is entitled to 28 days holiday if she's working 5 days a week. That's it.

If any bank holidays (Christmas, Boxing Day, Good Friday etc) fall on her normal working days and you don't require her to work, you can give her those off as part of the 28, leaving her the rest to take as normal holiday, and my understanding is that the norm for nannies is for them to choose half their holiday days and for the employer to choose the rest.

Our full time nanny has 28 annual leave days and she is also entitled to back holidays.

Bank

Ok thanks everybody. She will be working the equivalent of 5 days so we will give her 28 days leave.

"the equivalent of 5 days?"

If she's not actually working 5 days a week you shouldn't give her 28 days. If she changes her hours, sometimes long days, sometimes short, sometimes 4/5/6 days, you should give her her holiday in hours.

If she works 4 long days (i.e. same number of hours as 5 normal days), but those days are the same length and regular, you should give her holiday entitlement for a 4-day week, because she'll be getting more paid hours off for each holiday so the total will be right.

If she works 40 hours in 4 days and you give her 28 days holiday that will be way too much.

Ah thank you, it's more complicated than I thought!

My understanding is that Bank Holidays are taken only in the actual day, unless there is something in the contract of employment to say otherwise.
But if you don't normally work the day the bank holiday falls on to be able to take it off, then it could be added to your annual leave entitlement, or have a day off in lieu either during the same week or at another time (assuming person is full time).

Where I work, you lose it.
That's illegal (especially for part timers), unless you get more than the statutory minimum, and even then part timers are still entitled to the time off pro-rata to full timers.

She will be working the equivalent of 5 days
Either she's working 5 days or she's not

The law says that full time workers have to have 28 days' holiday. It is usually taken as 8 bank holidays plus 20 other, but there is no entitlement to BH. It all depends on what the contract says.

Just give her the leave in hours. If she's doing 5 days at 8 hours, she's entitled to 5x8x5.6=224 hours of leave.

So, if she's doing a five day week at 8 hours each and has a day off, she has 8 hours off.
If she's doing a four day week at 10 hours each and has a day off, she has 10 hours off (4x10x5.6=224).
Working it out in hours also allows half (or any other fraction) days as well.
What are her weekly hours, and how many days does she work?

The law says that full time workers have to have 28 days' holiday.
Incorrect. The law says 5.6 weeks. You are assuming a five day week. Some full timers work a three or four day week, in which case 28 days would be too much.

If she is full time as the above says she needs 28 days holidays.

If she is working 4 longer days she may need it as hours rather than days but that might be complicated so I would do 28 days holidays and that she has to take off any bank holidays that fall within her work days.

I work 3 days a week. I get 18 days (3/5 of my 30 allowance) plus 3/5 of the 8 bank holidays (4.8 days rounded up to 5) to give me 23 days (as opposed to a full timer getting 38 days - we have a generous holiday allowance). Any days I work that is a bank holiday I automatically use

Or if a full timer could work 6 days a week, 28 days would be too little.

If she is working 4 longer days she may need it as hours rather than days but that might be complicated so I would do 28 days holidays and that she has to take off any bank holidays that fall within her work days.
Don't do this. If she's doing 4 long days instead of 5 normal days, DO NOT give 28 days leave. It will be too much. 28/5*4=22.4 days leave if she's doing 4 long days. WORK IT OUT IN HOURS.

Hours is simple. Days is complicated.

If you give someone working 4 days a week 28 days holiday, they will be having a week and half a day off more than they are entitled to.