Annual leave entitlement

[Nps1976]

Hoping someone can advise.....

Annual leave runs from Apr to Apr. Entitlement is 32 days (24 days + 8 Bank holidays). I'm leaving at the end of May so will have accrued 2/12 of my annual leave. BUT is this 2/12 of 24 days, with the bank holidays I have had off just coming out of the 8 days Bank holidays. Or is it 2/12 of the 32 days in total.

The query is occurring because we'll have had 4 bank holidays in this 2 month period so half of the bank holiday entitlement will have been used in a short period of time.

Is this just good fortune on my part as I've worked a period which just happened to have lots of bank holidays, or will this impact on my overall entitlement?

Does it depend on whether my contract says "32 days to include bank holidays" or "24 days plus bank holidays"?

In other words, have I accrued 4 days (24 x 2/12) of annual leave plus any bank holidays which happen to have occurred, or have I accrued 5.34 days (32 x 2/12), 4 of which I've had to use on bank holidays already.

The assumption is that our particular department doesn't work bank holidays and the rest of the staff earn double pay if they do - not sure if that makes any difference.

Any advice would be much appreciated.....

It depends on how your contract is worded as you have said - is it the including or excluding option.

I think it is "including" but I need to double check. I'm guessing it will be the version which leaves me with the least amount if it does make a difference!

I would say it's 2/12 of your holidays, because the number of days hol varies from one employer to another. BHs are statutory. You get them if you're there at the time. If you're not, you don't IYSWIM.

Thanks, so you think I should have 4 days left and the number of bank holidays taken so far should not have any effect?

Correct. BHs aren't part of your employment contract you get them by law (unless you work in a shop, service industry or something like a nurse, which can be a bit different, but will be in your contract)

Bank holidays are not statutory it depends on your contract. You have to have 5.6 weeks holiday so for a 5 day week this would be 28 days. For many workers especially office staff this is broken down as 20 days your choice and 8 bank holidays.

I think that's what I said!!

If you're full time then the BH should be disregarded as pp have said.

I'm p/t so my BH entitlement is factored in pro rata but it wasn't when I was f/t

Thanks everyone. So it doesn't actually matter then whether my contract says "24 days plus bank holidays" or "32 days including bank holiday" (mine says the latter?

Bank holidays are no different to normal holidays legally. The only difference is they have to be taken on set days.

You will have accrued 2/12 of 32 days.

So 2 of you think I have 4 days left out of my 24 days, and 1 of you thinks I have 5.34 days but will have used 4 of those on the Apr/May bank holidays??

I fear my employer will be equally split!

It is a fact that you have used 4 of your 32 days, not a matter of opinion. Your employer may decide to disregard the bank holidays when calculating what's owed to you but they are certainly not obliged to do so.

Thanks everyone.

My new company (a very large well known company, so I assume have very robust HR policies) are giving me 24 days holiday, with bank holidays on top, suggesting that bank holidays are taken as they fall. So I will only get the 4 that are left rather than 10/12 of the annual 8 (6.67 days) meaning that I will have lost out on 2.27 days of statutory time off over the year (as I only got 2/12 of the 8 with my current employer).

Is this right?

Your new employer and old employer have nothing to do with each other. As long as they separately comply with the law regarding holiday there is nothing wrong.

No I understand that, but if they both comply with the law surely they would use the same system. How can I work for 2 companies who are both complying with the law, with no break in between them, yet not get the full quota of bank holidays over the year?

My current employer is pro-rata'ing (??) bank holidays, but the other isn't.

There is no right to a "quota" of bank holidays. As flowery says, it depends on how each company calculates it.

There is no requirement to use any particular system. Nor is there any right to bank holidays. You have a right to at least 5.6 weeks paid holiday a year, some of which may be taken on bank holidays. Both your employers will give you that.

So I'm probably worrying about nothing then as my new employer should give me 10/12 x 28 as this is the statutory minimum.

If they were to pro-rata the 20 days and then only give me the 4 remaining bank holidays as they fell, they would have breached the law as I would only have had 24 days (full year equivalent)?

So it all works out in the end, I'll just have taken more leave to cover bank holidays than expected in one role but less in the other.

And really it makes no difference as to how individual contracts are worded so long as the employee receives their 28 days pro rata'd for each role.

Right???

Both your employers give you well above the statutory minimum. Neither of them are going to break the law.