I understand that from April 2009, all employees will be entitled to twenty-eight days holiday. Will they be entitled to time off for Bank Holidays on top of this? As we currently give employees twenty-two days holiday plus bank holidays, does this mean that we will need to increase the holiday entitlement to thirty four days so that we still give employees 6 days more than the minimum entitlement?
You are correct that with effect from 1st April 2009, the basic statutory holiday entitlement will increase to 5.6 weeks (currently 4.8 weeks). This means that for an employee working five or more days a week, the basic statutory minimum holiday entitlement is currently 24 days and will become twenty-eight days from April next year. This includes Bank Holidays. The entitlement is reduced pro rata for those working less than five days.
Therefore, if, for example, you already give employees twenty days plus Bank Holidays, then you do not need to make any amendment to the holiday entitlement for the majority of your employees. You will, however, need to ensure that part-timers receive the equivalent pro rata entitlement, particularly for those who may not work Mondays.
There is nothing to prevent you from offering employees more generous holiday entitlements under their contract of employment. You simply need to ensure that you give employees at least the statutory minimum. Therefore, even though you may currently give employees, for example, twenty-two days plus Bank Holidays, you will not need to increase your holiday entitlement unless you wish to do so.
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