Postby atbattersea » Wed Dec 13, 2017 4:48 pm
If you didn't want to take the Bank Holiday (Monday) out of your overall holiday allowance on a particular occasion you could ask your employer if you could work an alternative (additional) day on that week. That way you could save the allowance for a time that is more convenient for you.
Of course, the employer may say no.
The way of calculating leave and Bank Holidays pro rata is the only fair way of doing it - the alternative might mean that your colleague gets less paid leave than you do.
The origin of this issue is in an EU Directive that stipulates a minimum of four weeks annual paid holiday (I think from around 2003), where the UK minimum at the time was three weeks. Some experience of this showed that there was some discrimination against part-time workers (who did not work Mondays), and there was the possibility that employers could insist that employees take the Bank Holidays out of their total leave allowance (ie four weeks leave including Bank Holidays).
To even this out, around 2009, the UK stipulated that minimum leave was four weeks, plus eight Bank Holidays, which is to be applied pro rata where there is part-time working. This way everyone gets a fair share of the Bank Holidays, including those working part-time or shifts that include weekends. This means you get a minimum of 5.6 weeks paid leave, and that leave does not need to coincide with Bank Holidays (ie if you never work Mondays or Fridays you still get some leave allowance for the Bank Holidays).
The easiest way to work out your overall leave allowance is just to multiply the number of days you work each week by 5.6 (ie 5 x 5.6 = 28 days, 2 x 5.6 = 11.2 days). If you have additional holiday allowance over the statutory minimum then you will have to add that on as well, ie 25 days plus 8 bank holidays is 6.6 weeks, etc.