All workers have a statutory right to 5.6 weeks paid annual leave (ie 28 days paid holiday if your employee works five or more days a week) and this needs to be pro rata for those working part-time. If the contractual leave is already more than 28 days no change needs to be made to the contract of employment.
There is no statutory right to be paid leave on bank and public holidays. If paid leave is given on a bank or public holiday, this can count towards the minimum entitlement of 5.6 weeks. If a full-time employee is entitled to 20 days holiday plus bank holidays then this can continue.
If a part-time employee is entitled to 4 weeks holiday pro rata plus bank holidays this must equate to the equivalent of 5.6 weeks pro rata.
If an employee’s contractual entitlement to holiday entitlement is 28 days (or pro rata equivalent) to include bank holidays, an employer has no statutory obligation to give an additional day’s paid holiday if an extra bank holiday is given. However, if the employee is entitled to bank holidays in addition to the specified number of days leave, then these must be granted as additional days of paid holiday.
