Annual leave and bank holidays

HurdyGurdy

Sorry, I know this will have been asked time and again, but me and searching just don't get on well together.

Is annual leave "xxx hours/days" PLUS bank holidays, or are bank holidays a statutory thing and can't be included in annual hours?

Darksparkle

HurdyGurdy wrote: »

Sorry, I know this will have been asked time and again, but me and searching just don't get on well together.

Is annual leave "xxx hours/days" PLUS bank holidays, or are bank holidays a statutory thing and can't be included in annual hours?

Statutory leave includes bank holidays
https://www.gov.uk/holiday-entitlement-rights/entitlement

However your employer may offer more than this and have them separated.

getmore4less

what's the background to the question?

KiKi

HurdyGurdy wrote: »

Sorry, I know this will have been asked time and again, but me and searching just don't get on well together.

Is annual leave "xxx hours/days" PLUS bank holidays, or are bank holidays a statutory thing and can't be included in annual hours?

Statutory paid leave is 28 days a year for a full time person. There is no legal entitlement to BHs off, hence in law it's described in total as paid leave.

If your employer splits annual leave and bank holidays out (usually they do that for staff who never work on a BH), then usually they'd say 20 AL plus BHs. But really this comes down to what your contract / leave policy says, and whether your employer offers more than the statutory minimum.

KiKi

HurdyGurdy

Thank you for the replies.

Where my son works, they do Wednesday to Sunday shifts or they do Saturday to Wednesday. You are either on one of the shifts or the other, it's not a mix and match situation.

Only my son works a different pattern to everyone else, with compressed hours over 4 days. He has Sundays, Tuesdays and Thursdays off. He is the only one there that works Mondays and Fridays, so never gets bank holidays off.

I wasn't sure if he should have TOIL as he works BHs or if it was just his bad luck that his shift pattern (which wasn't something he asked for) covers all bank holidays.

Looks like it's tough luck. He's being promoted soon, and his shift pattern will change to a 5 day week one, so this won't be an issue then.

He got a bit excited, thinking that he may be owed some TOIL for the two years that he's been there. I think he's going to be disappointed

KiKi

HurdyGurdy wrote: »

Only my son works a different pattern to everyone else, with compressed hours over 4 days. He has Sundays, Tuesdays and Thursdays off. He is the only one there that works Mondays and Fridays, so never gets bank holidays off.

I wasn't sure if he should have TOIL as he works BHs or if it was just his bad luck that his shift pattern (which wasn't something he asked for) covers all bank holidays.

He got a bit excited, thinking that he may be owed some TOIL for the two years that he's been there. I think he's going to be disappointed

Oh, hang on, that's a different matter if you're not a full timer in the 5 day a week sense of the word, you didn't mention that!

I'm going to assume that he works the same total hours as the others. I'm also going to assume that they all have the statutory paid leave - 28 days. So IF that's the case...

...he is entitled to 22.4 days paid leave a year. That can only be rounded up, not down.

...those 22.4 days paid leave include Bank Holidays. So if he works on a BH then there's no leave deducted from that 22.4 days. Only when he takes a day off that he's MEANT to be paid for (and IS paid for) should he take it off that 22.4 days.

...if he doesn't work the same number of hours each day, then he should calculate this in hours instead, and take off the hours from that total every time he takes a day's PAID leave.

If you need anything calculated, come back with: a full timer's weekly hours, his weekly hours, whether his hours worked are the same every shift, and a full timer's paid leave entitlement (ie, what they get for AL AND BHs together), and I'll do the calculation for you.

HTH
KiKi

getmore4less

How much holiday do the workers get?

FBaby

So he works on the bank holidays? His entitlement should be worked out including holiday entitlement and bank holiday entitlement (normally 8 a year, but depends on the company holiday year) and then pro-rata it.

This means that someone working the same hours than your son should be entitled to the same holiday/BH number of hours. However, in the case of working/being off on a BH, those who don't work on the BH when it falls on a day they work should be taking it as a day off. Those who don't work the BH, but wouldn't have worked that day anyway, don't take it off. If you work the BH because it is your normal day to work, you then have more days to take as holiday.

getmore4less

What I have found with holidays is that you need to know what the contracts say because there are many way to describe a legal situation.

There are a number of complication with shift/part time/compressed time that are almost impossible to cover with generic explanations that will cover many possible contracts.

Much better to get the contractual holiday terms and deconstruct those against the legal requirements.