Holiday entitlement

hulahoop09

Hiya

I just saw another post on here re holiday pay and was just checking hubbys holiday entitlement is in line with regulations etc etc.

He works 5 days per week and gets 20 days holiday (3-4 of which to be taken between day after boxing day and new years eve as company are closed. He gets bank holidays off, and obviously christmas day, boxing day and new years day.

Last year the company gave everyone 3 extra days cause they felt like it. It wasnt put into contract or anything so we are going on the basis he only as 20 again this year.

TIA

Southend1

Has hubby asked his manager to clarify?

Was the 3 extra days confirmed in writing? If so how was it worded?

It could be an extra 3 days as a one off or it could be ongoing.

AP007

hulahoop09 wrote: »

Hiya

I just saw another post on here re holiday pay and was just checking hubbys holiday entitlement is in line with regulations etc etc.

He works 5 days per week and gets 20 days holiday (3-4 of which to be taken between day after boxing day and new years eve as company are closed. He gets bank holidays off, and obviously christmas day, boxing day and new years day.

Last year the company gave everyone 3 extra days cause they felt like it. It was put into contract or anything so we are going on the basis he only as 20 again this year.

TIA

It wasn't or was put in the contract?

anamenottaken

hulahoop09 wrote: »

Hiya

I just saw another post on here re holiday pay and was just checking hubbys holiday entitlement is in line with regulations etc etc.

He works 5 days per week and gets 20 days holiday (3-4 of which to be taken between day after boxing day and new years eve as company are closed. He gets bank holidays off, and obviously christmas day, boxing day and new years day.

Last year the company gave everyone 3 extra days cause they felt like it. It was put into contract or anything so we are going on the basis he only as 20 again this year.

TIA

You imply that it wasn't put in his contract, just a generous action on the part of the employer.

It is lawful to give holidays as they think fit - doesn't have to be the same number every year - as long as they meet the minimum entitlement of 5.6 weeks a year.

You need to count the bank holidays in the minimum, so 20 plus 8 bank holidays total 28 - the statutory number of days which equal 5.6 weeks for someone working 5 days a week.

Telling employees that they need to use some of their holiday entitlement between Christmas and New Year is absolutely lawful. If they wanted they could specify when each day of the entitlement could be taken.

Any

The legal requirement is to have 28 days holidays for full time workers.
This 28 days may but doesn't have to include bank holidays.

Some people have in contract 20 days + bank holidays (of which there is minimum of 8 in the year) = 28 days = perfectly legal

Some people have in contract 28 days (shop workers for example as they might need to work bank holiday).

As long as it is minimum of 28 days, all is perfectly legal.

As for the 3 days last year - please clarify if it was written in or not. If not, then count on the 20 days + bank holidays.

anamenottaken

Any wrote: »

The legal requirement is to have 28 days holidays for full time workers.

The legal requirement is 5.6 weeks for all workers.

That equals 28 days for people working 5 or more days a week.

It is not about being "full time".

People working 5 hours a week are also entitled to 5.6 weeks and that would be 28 days (their days) if they worked one hour a day.

People working 40 hours a week over 4 days would not be entitled to 28 days (unless their contract said they did, which would therefore be greater than statutory).

hulahoop09

Sorry it wasnt put in the contract or in writing, it was a one off or so we are going on the basis of.

Im not disputing that them saying he has to take 3-4 days over christmas as I know this is legal. I was just stating thats how his hols work. Lol.

I was just checking he gets the allowed days as per bank hols etc.

I myself work 3 1/2 days per week (30 hours) and get 20 days plus bank holidays which I am very grateful for. Lol.

AP007

hulahoop09 wrote: »

Sorry it wasnt put in the contract or in writing, it was a one off or so we are going on the basis of.

Im not disputing that them saying he has to take 3-4 days over christmas as I know this is legal. I was just stating thats how his hols work. Lol.

I was just checking he gets the allowed days as per bank hols etc.

I myself work 3 1/2 days per week (30 hours) and get 20 days plus bank holidays which I am very grateful for. Lol.

20 days plus bh? That's more that statutory for you then as 28/5*3.5 = 19.6 (including the BH)

If your other half gets 20 days and the bh then that's ok

PasturesNew

Short answer is: Yes, your husband's holiday entitlement is in line with UK law and represents the minimum, that being 20 days + 8 days.

paddedjohn

OP, when does his holiday year run from-to? If from jan-dec then he is ok but if its from April-march then 20days plus banks hols only equates to 27 days this year so he may need to prompt his employer to up the 20 to 21.

hulahoop09

No its jan-dec. Thanks everyone