Bank Holidays and contract wording

[BossBhean]

Can I tap into the collective wisdom here and ask a question about BHs and what the 'rules' are around taking them. I know there are loads of threads about them, but couldn't find one that addresses this precisely and there is a difference of opinion at work about them.

Contractual terms and conditions state, "Your holiday entitlement is 20 days per annum, plus 8 bank holidays."

Does this mean that you have 20 days annual leave to take when you choose, (as far as possible depending on business needs,) and then 8 bank holidays on the actual designated bank holidays, i.e. Easter Monday, Boxing Day, etc.?

Or does this mean you have 20 days annual leave and then an additional 8 days added, to take into account the entitlement to bank holidays, and that these can be taken at any time, like 'ordinary' annual leave and your employer can require you to work bank holidays as long as you still get your full 28 days entitlement per annum?

There is an additional clause that says, "holiday dates must be agreed in advance and you may be required to take holiday on specific dates which will be notified to you." (I've interpreted this to be when the business is closed, e.g. over the Christmas week or summer shut downs and then everyone takes the specified dates off.)

So, can the employer require you to work a bank holiday, even though the contract wording explicitly identifies them as separate from holiday entitlement?
The business operates 7 days a week, if that makes a difference!

It means that you have 8 bank holidays off (assume your office is closed these days) and then 20 days to book as you please in line with their holiday terms (amount of notice to give etc). So in total you get 28 days off, 8 of those are already allocated to bank holidays.

The business isn't closed on bank holidays, although in reality everyone is off on Easter Sunday and Christmas Day - with deductions from leave as appropriate.

Part of the issue is that due to a mix of contracts of employment as a result of amalgamations, restructures and takeovers; some people have the wording I quoted, some people have TUPE rights which say they can be required to work bank holidays but they get paid overtime and / or an additional day in lieu and some people (the newer ones,) have a contract that says 28 days leave and doesn't specify bank holidays.

Trying to figure out the Christmas rotas, make it fair so everyone gets time off and not trample over anyone's contractual rights is proving a little tricky!

That wording implies they have bank holidays off without having to request.

This reads like you are addressing this from an employer/HR perspective. The contract extract as written means employees should automatically be on leave on BH.

It is very unlikely this is the only contractual term that varies. I have always found a spreadsheet listing which employee is on TUPE etc and there terms helps.

Thanks all for the input, I am looking at it from an 'employer' perspective as one of a team of line managers. I've been here the longest and probably have the better overview and understanding of all the various contractual complexities.

An employee with the contractual wording I quoted has been 'told' by one of my colleagues that they are on the rota to work on a bank holiday over the Christmas period and has pushed back, (quite rightly in my view, they signed and agreed to a particular contract,) and said they will happily work other shifts in the time period but that bank holidays off are in their contract.

As it is causing a bit of tension, I'd like to get it resolved amicably before it escalates (as these things are wont to do,) and support both the employee and my colleagues, all of whom are newer employees, with the 28 days leave that doesn't specify bank holidays and don't seem to be grasping that the same rules don't apply to everyone.