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Using Outstanding Holiday for bank holidays


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Hi there this is to do with my friend and his employees.

 

they had the bank holidays from christmas (27th 28th) and the monday after the new year (3rd) which i think is bank holidays. The company is using there holiday entitilement to pay them and now they have lost 3 days holiday and the new guys havn't been paid as they havn't got enough holiday entitlement yet.

 

can they do this?

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The simple answer is unfortunately 'Yes' unless the contract of employment says otherwise.

 

There is no legal right for a paid 'extra' day off just because it is a Bank Holiday. Providing that the employee gets the minimum holiday leave of 5.6 weeks (or 28 days) in a year, then this can include Bank Holidays. The employees concerned have not 'lost' holiday, as if the contract gives 28 days to include the Bank Holiday then this is what they have had - three days paid holiday.

 

Unfortunate for the employees who do not have holiday entitlement, but perhaps this should have been clarified on both sides first?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hello Southern Guard.

 

I don't mean to be controversial, but would it be better for your friend to have his own threads here? S/he can be completely anonyous. You've posted 2 threads in the last few days and they have both been about him [or them].

 

It could be easier for all concerned, but I'll probably be shot down in flames.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I agree with HB on this one.

 

Although with the best intentions, third parties won't always be in possession of all the facts & this can lead to inaccurate advice being given. Factor in the 'chinese whispers' element and it could be a recipe for disaster.

 

Hmmm maybe 'chinese whispers' isn't too PC - perhaps I should substitute that for 'asian murmerings'.

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