Is Annual Holiday Entitlement Exclusive of Bank Holidays

Devin_Shockwell

As per the forum title, is annual holiday entitlement exclusive or inclusive of paid public bank holidays?

Googlewhacker

depends some contracts are 4 weeks plus bank holidays or 5.6 weeks including as statutory minimum

LittleVoice

Devin_Shockwell wrote: »

As per the forum title, is annual holiday entitlement exclusive or inclusive of paid public bank holidays?

Your contractual holiday entitlement will be described in your written particulars of employment. It will say whether BHs/customary holidays are included in your entitlement.

"Public bank holidays" are not automatically included in statutory minimum paid holiday entitlement but they can count towards that. There is no automatic right to BHs.

Devin_Shockwell

Just for arguments sake, if the contract treats bank holidays as a seperate entitlement and sets it apart from annual leave should the equation "Days worked in an average week multiply by 5.6 weeks" (as per the minimum statutory holiday entitlement) still apply when calculating annual leave?

SarEl

Devin_Shockwell wrote: »

Just for arguments sake, if the contract treats bank holidays as a seperate entitlement and sets it apart from annual leave should the equation "Days worked in an average week multiply by 5.6 weeks" (as per the minimum statutory holiday entitlement) still apply when calculating annual leave?

It's a Sunday and I may be being a little dense, but I am not certain what you mean. Annual leave entitlement should read something along the lines of "XX days including (or exclusing) bank holidays". Just being mentioned in a separate place does not mean included or excluded. Instead of hypothetical arguments - why not just quote the actual contractual entitlement and we could be more certain?

getmore4less

Devin_Shockwell wrote: »

Just for arguments sake, if the contract treats bank holidays as a seperate entitlement and sets it apart from annual leave should the equation "Days worked in an average week multiply by 5.6 weeks" (as per the minimum statutory holiday entitlement) still apply when calculating annual leave?

As I understand it a part time worker should be treated the same as full time so you should get pro rata the entitlement that the full time worker gets

OH tat minimum it is 5.6 weeks up to 28days, so days worked is a max of 5.

LittleVoice

Devin_Shockwell wrote: »

Just for arguments sake, if the contract treats bank holidays as a seperate entitlement and sets it apart from annual leave should the equation "Days worked in an average week multiply by 5.6 weeks" (as per the minimum statutory holiday entitlement) still apply when calculating annual leave?

If the BHs/customary days and other holiday entitlement are shown separately, do they specify they are for your role or are they simply the entitlement for a full-time person? If for a full-time, you need to know what hours a full-time worker works and scale the full-timer's holiday entitlement according to your hours.

The 5.6 weeks is the statutory minimum. An employer can offer more, perhaps increasing with length of service.

Raksha

My contract is for 28 days holiday, but makes no mention of whether this includes BH or not. Verbally my boss has confirmed that it does.