bank holiday "not right to time off" - really??

[stella1w]

Just had this back from my employer who doesn't want me to accrue bank holidays on my return to work..

It really doesn't make sense to me and other threads here have tackled this issue but I was wondering if their definition of bank holidays has any legal basis..

"The right to public holidays is essentially a right to carry on being paid for those days, and not a right to time off that accrues in the same way as holiday (and as you know, there is no entitlement to pay (other than SMP) during maternity leave)."

Any thoughts??

Thanks

I think it depends on how your holday allowance is worded in your contract, eg 28 days per annum vs 20 days per annum plus bank holidays. How is it set out?

Are you in Scotland? I think we have public holidays (as per your emPloyers letter) but not bank holidays. I think they're legally different too.

A right to carry on being paid? Like you do when taking any other kind of holiday then..

It's paid time off, the only difference between a bank holiday and 'normal' holiday is that you have to take it on prescribed days. If you are entitled to those days off paid while you are at work, then it's part of your paid leave entitlement and one of your contractual benefits.

Hi again flowery
So much of this doesn,t make sense. According to their logic then surely annual leave is also a type of pay you get when you are not in the office?
My contract is 25 days per annum plus bank holidays.
I thought you are entitled to all your contractual benefits except wages when o maternity leave and that wages had a narrow definition, given that many benefits have some monetary value.
They have conceded that the law is not clear and so they will 'grant me' three of the nine bank hols (presumably because they realize they can,t give me fewer than 28 days leave a year).
But if they can give three, why not nine?

Yes exactly, annual leave is also where you carry on being paid but don't have to come into the office.

You don't get remuneration during maternity leave, but in terms of bank holidays, all that means is they can't pay you for them at the time they take place during your maternity leave. That doesn't mean you should lose them altogether, as those additional 8 (or 9) days paid leave are part of your contractual benefits.

Many thanks.. you are so clear - I wish they were! I will pursue!

I was paid for all of the bank holidays that were due to take place during the first 6 (I think 6) months of my maternity leave. Don't let them fob you off, see this link re bank hols www.direct.gov.uk/en/employment/employees/timeoffandholidays/dg_10029788

Your terms and conditions are carried out through maternity leave so they are wrong. If it's in your contract then they have to stick to it!

OP check your contract of employment for the wording on annual leave and bank holidays to see what you are contractually obliged to receive....