SMP Entitlement - Bank holidays

System
System Posts: 100,534 🤖 Admin 🤖
edited June 18 in AAT member discussion
Hi all,
I was wondering if anyone could help with a payroll query? I recently resigned my job at the end of my Maternity Leave. :D A friend of mine, who used to be a payroll clerk, said that I should receive payment for Bank Holidays as well as accrued company holidays. Is this information correct in regards to the Bank Holidays? I don't want to doubt her, I just want to be confident with my arguement with my ex-company, as they have already paid me for the accrued company holidays, and produced my P45! I can't rely on the person that does the payroll, as they are not experienced and are constantly making mistakes. :roll:
Many thanks!
L.

Comments

  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:SMP Entitlement - Bank holidays

    Hi, Lucy, whereas a (minimum) entitlement to SMP is set in stone, so-to-speak, holiday entitlement is still one huge grey area. Currently, the legal position is that an employee is entitled to 20 days holiday pay per annum but doesn't specify if bank holidays are in/excluded. In fact, the payment side of this issue was "resolved" by tribunal. The EU are looking to ensure that bank holidays are protected (ie 20 days per year + bank hols as minimun holiday entitlement) - but this is some way off.
    My advice is to scrutinise your contract. If you are paid for bank holidays then you should receive SMP for the bank holiday - if you are not, then there's little you can do.
    You can expect the full holiday pay entitlement for holidays & bank holiday rates only where accrued BEFORE you took maternity leave.
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:SMP Entitlement - Bank holidays

    The current legislation states that employees have to have a minimum of 20 days paid holiday per year. The 20 days can include bank holidays therefore restricting other annual leave to 12 days.

    Proposals which closed on 13 April 2007 state that from 1 October 2007 the minimum holiday entitlement will be 24 days (including bank holidays) and from 1 October 2008 this will increase to 28 days. Therefore by 2008 holiday entitlement will effectively be 20 days plus the 8 bank holidays.

    Kind regards
    Steve
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:SMP Entitlement - Bank holidays

    Dear Nicky and Steve,
    Thanks for your advice on this.
    I see what my friend advised wasn't exactly correct! :shock: But I am happy :D with what my company paid me in my final salary, based on your information.
    Many thanks again.
    Lucy.

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