Holiday allowance and bank holidays - full time - new job contract!

[lookingforadvice94]

Hi everyone,

I am starting a new job as a kitchen designer, I have just been sent my new contract to sign and have a few queries.

I am contracted to work 5 days per week (full time). I have been given 20 days holiday and the contract mentions that I 'may' have to work bank holidays.

The government website states the following:

Statutory annual leave entitlement
Most workers who work a 5-day week must receive at least 28 days’ paid annual leave a year. This is the equivalent of 5.6 weeks of holiday.

Does this mean, that if I have to work the 8 bank holiday days, I should instead get 28 days of paid holiday per year instead of 20?

In my current job, also have the same role but a different company, I have 20 days of holiday but don't work any bank holidays, so in total, I receive 28 days of paid time off.

Any help on this would be really appreciated! xxx

I'd just email them back.

Hi New Employer,

Many thanks for the contract. Can I just confirm that Statutory Bank Holidays are in addition to the contractual holiday entitlement and therefore annual leave is 28 days in total?

Look forward to hearing from you.

Kind regards,

Lookingfor

I wouldn't expect your contract to state 28 days holiday as holiday days and public holiday days are different things. Holiday allowance is set by your employer, but public holidays are set by the government. Expectations for working bank holidays and how they are accrued and taken at a later date should be covered in your contract and the companies employee terms and conditions.

You will get 28 days though, as per the paragraph you quoted

If you work a bank holiday you will get a day in lieu.

You're entitled to statutory annual leave which is 20 days plus 8bank holidays so a total of 28 days. Bank holidays are stipulated under WTR which is slightly different (although not to you as an employee!!). If you're required to work bank holidays then you will be entitled to a day in lieu.

Really, the contract should seperate out the bank holiday entitlement. If it hasn't then email your employer and just ask the question about bank holidays and taking them in lieu.

Statutory annual leave for employees working a 5-day week is 28 days, NOT 20 days plus bank holidays. Most businesses insist on employees taking bank holidays off, leaving 20 days for them to take at other times.

If your employer requires you to work on a bank holiday, they must give you a day off at some other time to compensate.

Minimum entitlement is 28 days which may or may not be inclusive of the bank holidays. I wouldn't sign it until it has been clarified that you will get your full holiday entitlement