Bank Holiday / Full Time

[bradleyh]

Hi all,

If I'm employing someone from Tuesday to Friday for 32 hours per week.

Are they entitled to Bank Holidays in Lieu?

 

[Newchodge]

Hi all,

If I'm employing someone from Tuesday to Friday for 32 hours per week.

Are they entitled to Bank Holidays in Lieu?

They are entitled to a total of 5.6 weeks paid holiday, by law, their contract may give them a bigger entitlement. When they take those paid days is largely up to them, so if they want to be paid for the bank holiday, pay them and reduce their holiday entitlement by 1.

 

[bradleyh]

Thanks for your reply, So basically they do get bank holidays in Lieu or in pay. Even if not part-time.

 

[Newchodge]

Thanks for your reply, So basically they do get bank holidays in Lieu or in pay. Even if not part-time.

Everyone, even if they work 1 hour per week, gets 5.6 weeks' holiday. The 1 hour per week person gets 5.6 hours.

It is a mistake for employment contracts to state 4 weeks holiday plus bank holidays, which many still do. If someone works 6 months from December to May they are contractually entitled to 2 weeks' paid holiday plus 7 bank holidays. If someone works 6 months from June to November they are contractually entitled to 2 weeks plus 1 bank holiday. Both are statutorily entitled to 5.6 weeks (or 2 weeks plus 4 days).

 

[WaveJumper]

https://www.acas.org.uk/checking-holiday-entitlement/bank-holidays-and-christmas

 

[Dave Boatman]

Thanks for your reply, So basically they do get bank holidays in Lieu or in pay. Even if not part-time.

That’s not how I read it

 

[IanSuth]

It is like Newchodge said

Basically start with ignoring bank holidays - all employees get 5.6 weeks holiday per year. A week/day in this case is calculated by averaging their past hours to work out an average "day"

Then you can contractually say that some of that covers Bank Holidays (or set shut downs in summer or over xmas) but the basic facts remain the same - the worker accrues 5.6 weeks holiday pay over their leave year, your contract may then dictate when that is taken (unless you have been stupid and inadvertently given bank hols as extra hols on top of statutory by poor wording but then that is your fault)