Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How many holidays do you get a year?
22 days annual leave plus bank holidays
ok thanks let me get my response ready please
Your holidays will be split into two separate parts – your statutory entitlement and your contractual entitlement. The statutory entitlement is the minimum you are entitled to by law, which is 28 days if you are a full time worker. The contractual entitlement is anything you get on top of that. In your case you get 22 days’ holiday plus bank holidays, giving you a total of 31 days a year. This means you get 28 days statutory holiday and 3 additional days’ contractual holidays.
The rules governing each part is separate and the statutory holidays are governed by law, whereas the contractual holidays are governed by your contract. So for the majority of your holidays the employer can rely on what is written in law, and for the remaining 3 days they will have to follow whatever is in your contract.
As far as the statutory holidays are concerned, the law allows the employer to reject your request as long as they give you sufficient notice. The notice must be at least as long as the holiday to be taken., So if you wanted to take a day on a Sunday they can reject that if they give you at least a day’s notice. Until you have used up all 28 days’ statutory holiday in a year you can be subjected to that rule and the employer can decide on which days you take your holidays.
Once you have used up the 28 days’ holiday, you move over to the contractual 3 days’ holiday. That is when you can argue that custom and practice has kicked in and it governs the way your holidays are dealt with. However, custom and practice only applies to the contractual part, not the statutory, because legislation will always take precedence over contract. Therefore you must have used up your full statutory holiday allowance and then try to book leave with the remaining contractual days to be able to rely on that.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
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Many thanks, ***** ***** best