Annual Leave and Bank Holiday Entitlement

bucket-and-spadeEmployees have an entitlement to holiday each year dependent on the number of days and hours that are worked. WAY2PAYE confirms that all employees are entitled to holiday that breaks down as follows:

  • I day = 5.6 days holiday per year
  • 2 days = 11.2 days holiday per year
  • 3 days = 16.8 days holiday per year
  • 4 days = 22.4 days holiday per year
  • 5 days = 28 days holiday per year

Holiday entitlement begins from the first day of employment but cannot be taken until it has been accrued (e.g. one day’s holiday is earned only after 13 days’ work).

Part-time workers will accrue an equal percentage of the hours worked (e.g. employees working ½ day per week will accrue 50% of the entitlement of an employee working one day a week).

Bank holidays are included in the above allowance. Employment law does not state that holiday leave is in addition to bank holidays; nor does it state that any additional pay must be made for any work undertaken in a bank holiday. Although some employers may choose to offer more holiday and additional pay, nannies and their employers should ensure that there is a mutually acceptable agreement and clear understanding and regarding holidays and bank holidays at the commencement of employment.

So, if a nanny works on a Monday (a day on which there are normally 8 bank holidays a year), it is important to clarify whether or not the nanny is needed to work on these days. If a nanny is not willing to work on a bank holiday, this may either

  • be taken as annual leave;
  • be taken as unpaid leave; or
  • the hours “made up” at another time e.g. for emergency care, baby sitting or overtime.

When arranging holiday it is imperative -and common sense- that nannies do not book holiday without first checking that is convenient for the family. Ideally the request should be made no less than 8 weeks in advance. Very often parents will coordinate their leave with that of their nanny.

Understandably most nannies will choose to take a holiday to be in term time in order to avoid the customary expensive school holiday price hikes. NANNY LINK LTD recommends that employers and their nannies reach a compromise so that neither party is disadvantaged by having to take holiday at these expensive periods.

If employers (the parents) are away by themselves, their nanny is often requested to continue to look after the children. This is perfectly acceptable provided

  • this is at the family home (i.e. the usual place of work);
  • the nanny is not required to undertake additional (non-contracted) work; and
  • the nanny is not required to assume additional (non-contracted) responsibilities during this period.

Any such arrangements should be discussed fully in advance.

Need more information?

A nanny agency such as NANNY LINK LTD will be able to assist with any enquiries or areas of uncertainty regarding employment rights. Reputable nanny agencies will always offer factual, impartial and objective advice to facilitate agreement between the employer and the nanny.

A payroll company such as WAY2PAYE will help with calculations and tax issues regarding paid and unpaid annual leave.

In exceptional circumstances free and impartial advice is also available from the ADVISORY, CONCILIATION & ARBITRATION SERVICE.

Margaret Cowell