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• # 82223
• Mon 23 Apr 2012 04:55 PM

I understand that each person is entitled to 28 days leave per year and that the 28 days can include the bank holidays. For an employee working 3 days per week (Mon-Wed) they would have 16.8 days leave.  However, a company is saying that the employee is only entitled to 12 days leave as they do not wish to include bank holidays in the leave entitlement. Is the company allowed to do this?
 

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• # 82224
• Mon 23 Apr 2012 05:08 PM

Hi,



I don't think they can! 28 days is the statutory minimum holiday as per the direct gov site. However many days the employee works you multiply by 5.6 for their holiday entitlement. And it is pro-rata for those that commence employment during the holiday year.

I hope this helps!


Best wishes



Rosemary        

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• # 82225
• Mon 23 Apr 2012 05:22 PM

Hi Debs,

From http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

* you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
* part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
* bank and public holidays can be included in your minimum entitlement

I believe that the employer must give the employee the statutory minimum annual leave or have an employment contract that entitles the employee to 20 days' annual leave plus all bank and public holidays. With the latter, the employee would get extra holidays for special days such as the Queen's Diamond Jubilee.

Business Link also has info on holiday entitlements:
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074414843&r.l1=1073858787&r.l2=1084822795&r.l3=1074414642&r.s=sc&type=RESOURCES

Hope this helps.

Edited at 23 Apr 2012 05:23 PM GMT

• 
  Helen
  http://www.lookaftermybooks.com/
  
  

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• # 82237
• Mon 23 Apr 2012 09:42 PM

Hi

Yes they can include the bank holidays in the minium entiltllement.   I would have said it was the norm in small business. 

  It tends to be larger companies that give more voluntary. But even now most don,t.


The above post From Helen is quite correct .

Edited at 23 Apr 2012 09:44 PM GMT

• Sarah Douglas C.FICB

  HouseTree Business Ltd 

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