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Bank holidays as part of annual leave entitlement

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evedawn | 17:05 Tue 16th Feb 2010 | Law
3 Answers
Can anyone help.

My original contract says that I get 20 days per year holiday (pro -rata as I work part time).

There is no mention in my contract of bank holidays being inlcuded in this, (no mention at all). Then last year I got a letter to say that hol entitlment did NOT included bank holidays. Now today we get a letter to say that our leave entitlement (pro-rata) has to INCLUDE bank holidays....

Where do I stand legally?
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Acas Helpline
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not sure if this helps answer all your question hence the acas help line number included
Forgetting what the contract says for a second, how many holidays have you actually been permitted to take? - 20 pro-rata or 28 pro-rata (i.e. with or without the inclusion of BHs).
It sounds like you have previously been been granted 28 pro-rata, and suddently your employer has decided it wishes to change the terms of your contract. It can do that (though it ought to be consulting with the workforce first to explain the reasons why and discuss what issues it gives employees) but it is must notify you in advance, giving you at least your contractual notice period of the change.
I think it's likely to be less sinsiter than that. Could it not be that the holiday entitlement was 20 (plus bank holidays) and will now be amended to consolidate bank holidays in the new alowance (possibly 28 days)

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