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The problem with bank holidays

by Sarah

Following on from our topical blog yesterday, we have had a few enquiries from people wanting to clarify the position with bank holidays.  Everyone has read about changes to the statutory minimum holidays and there is confusion out there. 

To set the record straight holiday entitlement for employee’s is governed by your contract of employment provided it meets or exceeds the statutory minimum.  If an employee does not have a contract of employment, then their holiday entitlement is the same as the statutory holiday entitlement.

The current statutory holiday minimum is found in the Working Time Regulations and is 4 weeks (20 days) holiday per annum.  This includes bank holidays.  The Government is looking to increase this to 24 days (4.8 weeks)  with effect from 1st October 2007.  A further increase to 28 days (5.6 weeks) was set to take effect in October 2008 but this has been delayed to April 2009 due to concerns on the impact on the workplace.

So if you are an employer and you offer 20 days holiday plus bank holidays you will not see any change as you already offer more than the minimum.  If you only offer 20 days including bank holidays then this will need to increase.   

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3 responses to “The problem with bank holidays”

  1. Interesting. Thanks for sharing.

  2. i am on 4on 4of 12 hour shifts 7pm till 7am .it is about bank holiday pay and how r rate is worked out .can anybody tell me how many hours pay we should get paid for the bank holiday when we take it of.and also r shift also goes over into a bank holiday they r saying we will only get 7 hours lui day pay is this right or if u come on into a bank holiday u whill only get 5 hours lui day pay.please tell me how rbank holiday pay is worked out on 4on and 4 off

  3. Thank you for your comment Darren. It is difficult to piece together from your comment your shift rota. If you always do 12 hours then this is normally the holiday. However there is a calculation which works out your annual entitlement on a pro-rata basis. We would need more information to give you a definitive answer. The DTI have a calculator you can use if you want a quick answer at http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1079427399

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