Bank Holiday Payment when Leaving

Zac1972

I'm leaving my present job in the NHS on the 4th January for another NHS job starting on the 7th January , I've been told I can only calculate my annual leave allowance for complete months service at each of the NHS organisations, so this will mean I will lose January's annual leave allowance. I have used all my annual leave up for this year, it works out spot on to the day until the end of December, but does this mean I will not be paid for January1st Bank Holiday, the office is closed on this date, so I have no choice but to stay home? My boss wants me to let her know by the end of today what leave I am either owed or owe them so they can pay me correctly. Any advice appreciated, I can only see that it says to work out leave for each individual month and multiple by complete months service but still doesn't make any sense for Bank Holidays.

Undervalued

Zac1972 wrote: »

I'm leaving my present job in the NHS on the 4th January for another NHS job starting on the 7th January , I've been told I can only calculate my annual leave allowance for complete months service at each of the NHS organisations, so this will mean I will lose January's annual leave allowance. I have used all my annual leave up for this year, it works out spot on to the day until the end of December, but does this mean I will not be paid for January1st Bank Holiday, the office is closed on this date, so I have no choice but to stay home? My boss wants me to let her know by the end of today what leave I am either owed or owe them so they can pay me correctly. Any advice appreciated, I can only see that it says to work out leave for each individual month and multiple by complete months service but still doesn't make any sense for Bank Holidays.

Unless your contract says otherwise, bank holidays are irrelevant. You are entitled to XX days holiday per year and some of those may or may not happen to be on bank holidays.

Your employer can dictate when you must take your holiday just by giving minimal notice. So, if your place of work is closed on bank holidays that is eight of your days holiday dictated for a start!

As far as I am aware counting "complete months only" is unlawful, certainly as far as the statutory 28 days per year are concerned. However, they may be able to apply that rule to any holiday you get over and above the statutory 28 days.

Comms69

Undervalued wrote: »

Unless your contract says otherwise, bank holidays are irrelevant. You are entitled to XX days holiday per year and some of those may or may not happen to be on bank holidays.

Your employer can dictate when you must take your holiday just by giving minimal notice. So, if your place of work is closed on bank holidays that is eight of your days holiday dictated for a start!

As far as I am aware counting "complete months only" is unlawful, certainly as far as the statutory 28 days per year are concerned. However, they may be able to apply that rule to any holiday you get over and above the statutory 28 days.

Most NHS contracts are 27 (29 or 33) + bank holidays.


I agree that as there is a significant above stat allowance the trusts may have differing rules. But I would expect the OP will be paid the same as usual as there is ample leave remaining to deduct against

Undervalued

Comms69 wrote: »

Most NHS contracts are 27 (29 or 33) + bank holidays.

33 plus BH ? i.e. 41 in total or 13 days above statutory!!!

Anyway, sorry that is getting OT.

Comms69

Undervalued wrote: »

33 plus BH ? i.e. 41 in total or 13 days above statutory!!!

Anyway, sorry that is getting OT.

Yep, after 10 years.