Qi understand that from April, 2009, all employees will be entitled to 28 days' holiday. Will they be entitled to time off for Bank Holidays on top of this? As we currently give employees 22 days' holiday plus bank holidays, does this mean that we will need to increase the holiday entitlement to 34 days so that we still give employees six days more than the minimum entitlement?AYou are correct that, with effect from April 1, 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 28 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 20 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, 22 days plus bank holidays, you will not need to increase your holiday entitlement unless you wish to do so.

Kimbra Welch, employment law specialist at Harvey Ingram, Leicester.

Source: Leicester Mercury

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