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Does the 28 days paid AL include bank holidays?

The Directgov website states:
Most workers who work a 5-day week, must receive 28 days paid annual leave per year.
I am new to an employment agency and I work 40 hours per week. I asked what happens regarding bank holidays and pay, such as the bank holiday yesterday.

She stated:
If you do not work on the bank holiday unfortunately you will not get paid, however if you would like to apply for holiday pay to cover these days please contact <snip>.

The percentage of holiday pay that you accrue on top of each hour will add up to 28 full days of holiday pay; to cover 8 bank holidays and 20 days holiday.
I'm sure they're all legal and fine, but I thought I'd better check:

Can the 28 days include bank holidays or should they be additional?

Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Yes it can, the non-public holiday minimum is 20 days. Some companies will phrase it as 20 days plus public holidays, which is a bonus in those years that an extra public holiday is declared, as you'd then be paid for 29 days holiday rather than 28. But what you've been told is correct.
  • agrinnall wrote: »
    Yes it can, the non-public holiday minimum is 20 days. Some companies will phrase it as 20 days plus public holidays, which is a bonus in those years that an extra public holiday is declared, as you'd then be paid for 29 days holiday rather than 28. But what you've been told is correct.
    Ah, so it's minimal but correct :)

    Thank you!
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ah, so it's minimal but correct :)

    Thank you!

    If you have only recently started work for the agency, you may not have accrued enough paid leave to get a full day's pay for yesterday. But you will have accrued something as you accrue holiday at the rate of 12.07% of worked hours (unless any of your 40 are counted as over-time).

    Did you ask to be paid for the August bank holiday? If you did, they should have paid the accumulated time (up to 8 as being your normal day).

    By the way, if you continue to work in the same place for 12 weeks and directly employed staff working there for the same length of time would enjoy more than the statutory minimum holiday entitlement, you begin to accrue holiday at the same rate as they do.
  • If you have only recently started work for the agency, you may not have accrued enough paid leave to get a full day's pay for yesterday. But you will have accrued something as you accrue holiday at the rate of 12.07% of worked hours (unless any of your 40 are counted as over-time).

    Did you ask to be paid for the August bank holiday? If you did, they should have paid the accumulated time (up to 8 as being your normal day).

    By the way, if you continue to work in the same place for 12 weeks and directly employed staff working there for the same length of time would enjoy more than the statutory minimum holiday entitlement, you begin to accrue holiday at the same rate as they do.
    I started 5 weeks ago, so I have accrued enough (£1.09 per hour they give me, and I work 40 hours per week).

    I get paid weekly and I've just requested the money so I'm not down this Friday :)

    I'm on a 3-month temp-to-perm contract, so hopefully the 12-week thingy won't apply to me, it should transfer over nicely.
  • viclspence
    viclspence Posts: 574 Forumite
    Through an agency it is normal to have a set amount of annual leave, regardless of whether it's used on standard days or for bank holidays. it's teh same if you work part time, your holiday entitlement tends to include bank holidays
    Life is like a box of chocolates..........you always seem to pick the hard ones!
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I started 5 weeks ago, so I have accrued enough (£1.09 per hour they give me, and I work 40 hours per week).

    I get paid weekly and I've just requested the money so I'm not down this Friday :)

    I'm on a 3-month temp-to-perm contract, so hopefully the 12-week thingy won't apply to me, it should transfer over nicely.

    So you are paid £9.03 or less an hour?
  • King_Mustard
    King_Mustard Posts: 465 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 27 August 2013 at 10:26AM
    So you are paid £9.03 or less an hour?
    I'm paid £9.00 per hour + £1.09 accrued holiday pay per hour.

    So if I don't take any annual leave for example, I get 40x£9 per week.

    EDIT: Sorry, £1.09* not £1.03.
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm paid £9.00 per hour + £1.03 accrued holiday pay per hour.

    So if I don't take any annual leave for example, I get 40x£9 per week.

    If you are paid £9/hour, the accrued holiday pay should be + £1.09 (which is the amount you mentioned in an earlier post).
  • If you are paid £9/hour, the accrued holiday pay should be + £1.09 (which is the amount you mentioned in an earlier post).
    Sorry, £1.09* not £1.03 :)

    I typo'd £1.03 because anamenottaken typo'd £1.03 :P
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