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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49829
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm and I am being made redundant. Can you help with

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Hi, I'm Jane and I am being made redundant. Can you help with an annual leave question?
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Yes, in the 2015/2016 annual leave period there were 10 bank holidays instead of the usual 8 and I had to use 2 of my annual leave days to have these day off. Normally I have 25 days leave and 8 bank holiday but my employer merges them saying I get 33 holiday days. So this year I have have had 10 bank holidays and only 23 days leave. My contract states I get annual leave plus normally recognised bank holidays.Had I still been employed in the 2016/2017 holiday year I would have got those 2 days back as there is no Easter but would still get paid for 8 bank holidays.Am I entitled to be paid for the 2 days (or take them as holiday)? Or do I lose out?
What exactly does your contract state – that you get 25 days annual leave plus any bank holidays? Or does it state you only get 8 bank holidays on top?
Customer: replied 2 years ago.
It says I get 33 days which include normally recognised bank holidays. My contract was amended in 2014, it used to say 25 days plus bank holidays.
Why were there 10 bank holidays, when does the holiday year run from/to?
Customer: replied 2 years ago.
There were 10 bank holidys from 1st April 2015 to 31st March 2016, this is becuase easter fell in April last year and March this year. next year there is no Easter in the 1st April 2016/31st march 2017 holiday year becuase easter falls in April 2017 which will be the 2017/2018 holiday year.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. When were you told that you needed to take these days off as holidays – how much notice were you given beforehand?
Customer: replied 2 years ago.
It was just before christmas, I thought I'd have 5 days left out of my allowance but ended up as 3 left, My boss hadn't realised that theer were 2 easters in this holiday period. Everyone else who remains after 1st April will get them back becuase there are only 6 b/h next holiday year but they will all still be paid for 8.
Thank you and just one final clarification - you ask if you are entitled to be paid for these 2 days but surely if you took them off as holiday at the time you were pad for them by having them off as a holiday?
Customer: replied 2 years ago.
Usually I get 25 days holiday and there are 8 bank holidays in a year, making 33 in total.This year (1st April 2015 to 31st March 2016) there are 10 bank holidays, these are 2 for Easter 2015 (fell in April 2015), 2 in May, 1 in August, 2 for Christmas, 1 for new year, and 2 for Easter 2016 which falls in March this year.So I have had 10 bank holidays off but only 23 days holiday.Had I been stopping with company it wouldn't have been a problem because from 1st April 2016 to 32st March 2017 there are only 6 bank holidays but employees will be given 8 days off. So they would have evened out over the 2 year period.I feel that I am losing out because of the 2 days
In the circumstances, I am afraid you cannot ask to be paid for these 2 days – you have still taken them as holidays and been paid for them. I agree that you have lost the choice to decide when to take them because you have had to take them on these specific days, but the main thing is that you did still take the number of days you are entitled to by contract and were paid for them so you have not actually lost out financially, which is the main thing. You have to look at what your contract entitles you to and in your case it says that you get 33 days a year, including bank holidays. Some years may have an extra bank holiday or two but that does not mean you get any additional holidays as a result – your total allowance of 33 days includes all bank holidays so if there are more bank holidays than normal, then those would be included in your total allowance. Also you have to remember that your employer can force you to take your holiday allowance on specific days – this is a right they have under the Working Time Regulations. All they have to do is give you notice which is twice as long as the holidays to be taken. So legally they could force you to take your annual leave allowance on a day of their choice, such as an extra bank holiday for example. If it’s a day they want you to take they must give you 2 days’ notice of that and you would have to use up your holiday allowance to take the holiday on the nominated day. So this is another argument they could use – that they had asked you to use up your holiday allowance to ensure you have the time off on these extra bank holidays. So I do not see any grounds on which you can realistically ask them to pay you for those 2 days now. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49829
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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