Company says 20 days holiday is the max, not 28. No contract.

[Gluteustothemaximus40]

So DH has now left his job (let go). We were expecting holiday pay. We based it on the fact the law states 5.6 weeks per year working out roughly to be 2.33 days per month.

we worked out that he had accrued 8 days. He took 5 during his time there as this was pre booked before starting. So we thought 3 days were left to be owed.

The HR person said there’s no more holiday owed as holiday is only 20 days, therefore nothing left to pay.

I thought 28 days was statutory? I will be calling ACAS tomorrow to see if they can help but if in the meantime anyone can help ,that would be most appreciated.

if it makes any difference, they close on bank holidays.

also, no contract.

thank you.

This is yet again wrong. Holiday entitlement for bank holidays does not accrue differently from other holidays. This is all laid out in the Working Time Regulations. The fact there has only been one bank holiday in the time OP's husband was employed at the company is irrelevant. He was there 3.5 months so accrued 8 days annual leave, of which he took 5 as annual leave and had 1 day bank holiday. His employer must therefore pay him an additional 2 days holiday pay. That is the law.

@prh47bridge and @Comefromaway thank you both! I understand now. (wanders off wondering when her NHS employer will catch up) 🤔😂

This is wrong I'm afraid. The starting point is 28 days.

Statutory minimum annual leave is 28 days per annum. It is then up to the employer how this is used. Office jobs will often be closed on Bank holidays, so the regular 8 bank holidays are normally deducted from this, to come back to the traditional 4 weeks + bank holidays.

In a year where we get a "bonus" bank holiday, employers don't have to give this to you for free. They can insist it comes out of this 28 day minimum.

If you are calling ACAS OP, questions that they would need to know the answers to:

• what was your DH's working pattern?
• If the company is closed on Bank Holidays, was he paid for that day or was it unpaid?

If, for example, he worked Monday to Friday and Bank Holidays were paid, you would need to consider how many bank holidays there have been in the period he worked there and include that in your calculation of how many days holiday he has used versus accrued.

If, however, bank holidays weren't paid, then he shouldn't deduct the August bank holiday from the "used" days leave.

In the first instance I would ask the company's HR to provide a copy of their calculation of holiday days.

I agree on the face of it that it sounds like he's owed something, but I'd get them to provide you with their calculations and then provide them with yours, with supporting evidence from ACAS or .gov.uk to prove you're right if it's more.