Bank Holiday and Holiday Pay

[thecalpollady]

I work for a cleaning company and we have contracted our cleaners to work at a school. I'm new to doing wages and I've come across a dispute. The recent school holiday just gone, my employer has stated they do not get paid bank holiday pay when they not working during school holidays. They get their holiday pay which adds to 20 days. The only bank holiday pay they get will be the May Bank Holiday one as it is during school term time.

My question is are they entitled to BH pay even when they are not working in the holidays?

My understanding is they are entitled to 28 days holiday regardless which inc. BH.

Some words of wisdom would come in very handy please.

28 days (or pro-rata equivalent) is the statutory minimum. Talk of bank holidays is misleading; they can specify certain days that people have to take, but they can't not pay for 28 days.

It shouldn't be 20 days but really 28 days? Just want to clarify this with the boss

Yup - technically it's 5.6 weeks (but 28 is the maximum statutory requirement)

Here is the info

Thanks Doris, but next problem is they work 38 weeks of the year and are part time as in working average 12.5 hours a week. What would be the calculation then?

How would I work this out?

Pro rata still

So 28 days x (part time hours / full time hours) x (38 weeks / 52 weeks)

There may be specifics in the contract too.