Please can someone help advise.
As I understand it, stat min paid holiday is 5.6 week for full time employees. So 28 days which is usually 20 days plus 8 bank holidays.
I work 0.8 so 0.8 x 28 = 22.4 paid holiday days.
i don’t work Mondays.
I have just started a new job and the contract says: The Employee shall be entitled to a total of 16 (SIXTEEN) days off work as well as those days gazetted as UK Bank Holidays.
as I work Mondays I would miss being paid for days off on that day so I queried it and asked if the total allowance should be pro rated down, and then if a bank holiday falls on my working day it comes out of my allowance. They said: We don’t usually pro-rata the annual public holidays and you would be entitled to all of them, however if it happens to fall on your non-working day then you wouldn’t claim that back, you would just take the day off – does that make sense?
however this would mean that this year I would only get 18 paid holiday days (16 plus 2 extra which fell on my working days)
however if I had a Thursday off for example, I would have 24 days paid holiday (16 plus 8 bank holidays which fell on my working days.)
surely this isn’t legal or fair? As I would be getting less than the statutory minimum paid holiday allowance?