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Original poster

Annual leave.

9 replies

AbreathofFrenchair · 03/07/2022 23:51

Our contracts of employment state the following

"In addition to your holiday entitlement you may take and be paid for the bank/public holidays each year"

I work 4 days a week, including a Monday and I get 16 days (4 days x 4 weeks = 16) plus 8 bank holidays. I dont have to use annual leave for bank holidays. I do have to hae 3 for Christmas closing.

Work colleague works Tues, Weds and Thurs and gets 17 days a year and can take them any time. Has to keep 3 for Christmas.

The final one works Monday and Wednesday and gets 11.2 days of which she has to book off bank holidays, plus Chrsitmas leave.

I've checked Gov website and Acas and they confirm that holiday entitled should be days worked x 5.6 however our employer works it out as days worked x 4 weeks. They say Bank Hols can either be included in the entitlement or in addition. Our contracts say the above.

Basically, are they right?! And why does my colleague have to book bank hols using annual leave but we dont?

OP posts:
SausageinaBun · 04/07/2022 00:05

You are getting a better deal than the other 2. You should be getting 20/5×4 + 8/5×4 =

SausageinaBun · 04/07/2022 00:07

22.4, but instead you are getting 24. And you and the second colleague should have to book bank holidays that fall on your working days. That would bring you into line with the policy and colleague 3.

Original poster
AbreathofFrenchair · 04/07/2022 00:11

SausageinaBun · 04/07/2022 00:07

22.4, but instead you are getting 24. And you and the second colleague should have to book bank holidays that fall on your working days. That would bring you into line with the policy and colleague 3.

This is where it's getting confusing.

All of us at work are on days worked x 4 weeks plus bank holidays.

Except the one colleague above who gets the 11.2 days and has to book bank holidays out of that, leaving her with 2.2 days to take.

Full time, so 5 days a week get 20 days plus all bank holidays.

OP posts:
Original poster
AbreathofFrenchair · 04/07/2022 00:16

SausageinaBun · 04/07/2022 00:07

22.4, but instead you are getting 24. And you and the second colleague should have to book bank holidays that fall on your working days. That would bring you into line with the policy and colleague 3.

Also, our contracts say that the bank holiday are paid in addition to our entitlement but the one working 2 days a week has to use her holiday entitlement for bank holidays whereas no one else in the company does.

Acas have said bank holidays can either be included so you use annual leave to book them or they can be given in addition so you dont use annual leave and that annual leave entitlement is days worked x 5.6 but ours is days worked x 4 weeks

OP posts:
bananamum13 · 04/07/2022 07:36

As long as the total amount of paid leave (irrespective of when you take it) is not less than 5.6 wks per year, that's right.
4 weeks plus bank holidays doesn't generally work for part time employees though as it completely depends on your working days and doesn't mean all staff get the same amount of paid leave (equivalent to their working days)

prh47bridge · 04/07/2022 08:43

You are entitled to 5.6 weeks paid holiday a year. That includes bank holidays. Your colleague working 2 days a week is therefore entitled to 11.2 days including bank holidays. Your colleague working 3 days a week is entitled to 16.8 days and you are entitled to 22.4 days. It looks like you are getting more paid holiday than the legal minimum, but your colleagues appear to be getting the legal minimum.

Original poster
AbreathofFrenchair · 04/07/2022 13:04

prh47bridge · 04/07/2022 08:43

You are entitled to 5.6 weeks paid holiday a year. That includes bank holidays. Your colleague working 2 days a week is therefore entitled to 11.2 days including bank holidays. Your colleague working 3 days a week is entitled to 16.8 days and you are entitled to 22.4 days. It looks like you are getting more paid holiday than the legal minimum, but your colleagues appear to be getting the legal minimum.

My contract says

You are legally entitled to four weeks holiday based on days worked. You are entitled to 16 days which is 4 days x 4 weeks. In addition you are entitled to 8 days paid leave on top for bank holidays.

I've spoken with Acas this morning now and theyve confirmed that the important part is the wording.

Our contracts state that "in addition to annual leave you are entitled to paid bank holidays.

Because theyve worded it as "in addition" it means we get the bank hols on top of our holiday entitlement.

According to Acas, this means all our holidays should be calculated as follows

Days worked × 5.6 = annual leave

Plus 8 bank holidays on top.

I've spoken to work this morning and theyve acknowledged theyve made a mistake so they are now going through the process of changing contracts so the wording reads "your annual leave is made up of days worked × 5.6 and this includes bank holidays

OP posts:
prh47bridge · 05/07/2022 09:07

Either you have misunderstood ACAS or they have given poor advice. An employee is entitled to 5.6 weeks paid holiday including bank holidays. So 5.6 times the number of days worked each week. That's it. That is the law. An employer can give more if they wish but there is no legal entitlement to more.

Riverlee · 05/07/2022 09:10

So how I understood it, you previously got

annual leave + bank holidays

Now you’ll get

annual leave only - and if you want bank holidays off, you have to book it

Sounds like the new deal is worse off for you.

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