Holiday

[Nowwhyareyoucrying]

Hi

I'm a live out nanny and work 8-8 mon-thur. I just wondered what happens regarding bank holidays that fall on a Friday (so today Xmas day, New Years day and good Friday). My contract states X days plus bank holidays. Do I get these days in lieu?

Tia

You should have this clarified in the contract. However if you are credited with bh leave you would normally have to allow for any which fall on your working days. So this would be 3 days' leave.

No you would not get them in lieu but you do get them as part of your paid time off.

It may depend on what x is though, as you must get at least minimum entitlement which would be 5.6 x 4 = 22.4 days.

What is X?

I get 4 weeks so that is 16 days for me. Plus bank holidays of which I think there are 8. However three of these fall on my days off (over the next few months).

So what is my position regarding these?

I like my employer and am happy in my job just want to see where I stand before I broach it with them.

Thanks for your advice

I've got the same as you in my contract and as you point out if any bank hols apart from Good Friday fall on a Friday you don't get the full entitlement.

In my case my bosses tend to take the odd extra day off here and there through the year (kids birthdays, grandma coming for a long weekend etc) so I actually end up with a little over the legal minimum so don't feel the need to say anything.

Part time workers get a minimum of 5.6 weeks holiday, from which are deducted any bank holidays that are not worked which occur on a working day.

A lot of bank holidays are on a Monday. A few occur on other days of the week, Good Friday is always on a Friday, other vary day of the week.

16 days plus bank holidays may not always give you at least minimum holiday entitlement of 22.4 days. Look at a calendar to see when bank holidays occur during your holiday year.

If holiday year runs 1st Jan to 31 Dec then in England in 2016 there are:
5 on Monday, 1 on Tuesday and 2 on Friday.

So working Mon-Thurs you would get 6 days of bank holidays. 16+6=22 days, which is .4 of a day short, so you must be given at least another .4 of a day paid holiday.

In 2017, there are 6 on Monday, 1 on Tuesday, 1 on Friday, so you would get 7 days, 16+7=23 so that does meet minimum holiday entitlement requirement.
ACAS has a booklet for employers about holiday entitlement and payroll companies can help employers to understand their duties, so I would suggest you point your employee towards those sources.

But she has signed a contract stating 4 weeks plus all bank holidays. If the bank holiday falls on her day off she is not entitled to a day off in lieu.

She is losing out this tax year as 3 of them fall on her day off. Boxing Day being on a Saturday is carried over to Monday. Next year Christmas Day/Boxing Day being on Sunday/Monday will carry over to Monday/Tuesday which means only Good Friday will fall on a day off.

So this year she will get 21 days holiday, next year she will get 23 days. If she had 5.6 weeks pro rata, she would be entitled to 22.4 so it will work out in the end.

Callaird she is still entitled to 22.4 days of holidays regardless of what she signed. That contract needs to be changed... If she signed a contract which states less pay than minimum wages would that be right just because she signed it???

Not if the OP is part time. Which it sounds like she might be.