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Holidays - I know it has been asked before - sorry

6 replies

Sharpkat · 28/01/2017 09:51

Cannot seem to find a thread about this but know they exist. Asking on behalf of a friend.

They work full time Tuesday - Saturday so days off are Sunday and Monday.

If they are entitled to 20 days' holiday and 8 bank holidays how does it work with the Monday bank holidays as that is effectively their weekend? Can they take those days at a different time.

Am seeing if I can find out what the contract says.

TIA

OP posts:
HeCantBeSerious · 28/01/2017 09:53

They should just get 28 days holiday which they use to cover any non-Monday bank holidays plus their leave.

SarahOoo · 28/01/2017 10:27

As above ^^ 5 days working per week, regardless of what 5 days they are means 20 days plus 8 BHs annual leave entitlement but stated as 28 days including BHs. Any BHs that fall on her normal working day will be taken automatically (assuming the employer is closed on these days) and the rest she can freely book (subject to the employers rules on holiday booking of course). Similar to a Monday to Friday worker....all BHs that fall on their normal working days (which is all 8 including any substitute days for Christmas Day, Boxing Day and NYD like 2016) are taken automatically and the 20 days remain for the employee to freely book.

I am assuming your friends employer closes on BHs. So for 2017 BHs that fall on her normal working days are:

Good Friday
Boxing Day (Tuesday)

All others fall on her normal days off so she has 26 days to freely book.

Sharpkat · 28/01/2017 10:35

Thanks both so much

OP posts:
lovelyupnorth · 29/01/2017 08:38

Depends very much on the contract. If it states 20 + bank holidays. She looses our. If states 28 days including she'd get her 26 as far as I'm aware.

prh47bridge · 29/01/2017 08:59

Depends very much on the contract. If it states 20 + bank holidays. She looses our

No it does not depend on the contract at all. She does not lose out if it states 20 days + bank holidays. The previous answers are correct. If the contract states 20 + bank holidays it actually means 28 days with the company directing that 8 of them will be taken on public holidays. There is also the fact that a full time employee must have a minimum of 28 days holiday per year.

SarahOoo · 29/01/2017 09:01

lovelyupnorth for statutory holiday it wouldn't matter how it's worded. She is entitled to 28 days altogether and they must calculate it the way I have set out above regardless. Many employers do this incorrectly though (I work with employers on things like this as my job) and are actually going against both UK employment law and Working Time Regulations. If you work full time at 5 days per week you are entitled to 28 days holiday....when that is taken, including for BHs depends on your working pattern but not to get 28 days off would be unlawful of the employer.

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