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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47373
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a lady who went off n Maternity in November 2015. We

Customer Question

I have a lady who went off n Maternity in November 2015. We are currently calculating her annual holiday entitlement for 2016 however i must ask do i need to pay her for the bank holidays she has missed on during her leave ?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

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?

Customer: replied 9 months ago.

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.

Expert:  Ben Jones replied 9 months ago.

So is the 25 + 8 bank holidays their contractual entitlement?

Customer: replied 9 months ago.

Yes it is ...

Expert:  Ben Jones replied 9 months ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 9 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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