Bank holidays ?

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dontnou | 15:13 Sat 11th Feb 2012 | Law
7 Answers

Worker 1;Works 12 1\2 hours mon-fri.
Worker 2;Works 17 hours Wed- Sun
Are these two people entitled to Bank holiday payments regardless of what day the holidays fall on?

orker 1; Works 12 1\2 hours Mon-Fri .


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depends on what your contract says,
why have you put all that space in your question? - I thought the page was blank!

As gina says, it depends what's in your contract. Our employer now gives us so many days holiday plus 8 BH = total holiday - so even if you work on the BHs, you are still entitled to days off in lieu of them.
It all depends on what is in your contract of employment but do remember part time workers must not be treated less fairly than full time workers and full time workers maximum entitlement is 28 days paid holiday per year (X 5.6 for a five day week) and pro-rata for part time workers, people working 6 days a week are restricted to the 5 X 5.6 calculation = 28 days. A myth is that bank holidays must be in addition to holiday entitlement, they must not and the maximum 28 days can include all bank holidays though most employers give bank holidays in addition to holiday entitlement.
If you work two days per week you are entitled too 11.2 days holiday per year (2 X 5.6 = 11.2 days) which many employers would round up to 12 days per year, which could include bank holidays but normally, would not.
To ensure part time workers are treated no less fairly their holiday entitlement and bank holiday pay must be paid in the same way as full time workers but pro-rata.
where i work you get annual leave hours and bank hols hours (pro rata to your weekly contracted hours) given to you as two total number of hours you add together, and you just take off what you need/want to take!

if you work part-time you need fewer hours to get a whole week off anyway!x
They dont have to have a day in lieu attached either
In fact, many employers no longer give lieu days for working a BH day as it counts as part of your total holiday entitlement
Tony's answer is good but when he says " full time workers maximum entitlement is 28 days paid holiday per year" he is talking about the statutory MINIMUM . Many employers offer more holidays than this
Thank you f 30, 28 days is of course the statutory amount of holiday that can given to a full time worker, but as I say it depends on what your contract of employment states, employers can provide additional holidays if they wish and bank holidays can be within the statutory 28 days, the important thing is that they must not treat part time workers in a less favourable way than full time workers.

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