Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are the bank holidays included in your total holiday allowance? For example does a person get 28 days a year including 8 bank holidays a year?
No the had 25 annual plus 8 bank holiday (she was fulltime when she finished for maternity leave) however has now decided not to return to work.
So is the 25 + 8 bank holidays their contractual entitlement?
Yes it is ...
She would be entitled to be paid for the full 33 days as this is her contractual entitlement. Just because part of her leave was bank holidays does not mean you do not have to pay her for these - a bank holiday is just another working day, it has no preferential treatment in law - you basically give her 25 days she is free to choose, together with 8 days that have been nominated as bank holiday dates, but altogether they are treated exactly the same.
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