If your holiday leave year runs from 01 April 2024 to 31 March 2025, have you accounted for Easter falling later in 2025 when allocating staff holidays? If not, you run the risk of unlawful deduction from wage claims from affected employees.
In 2025, the Easter bank holidays fall on 18 and 21 April, meaning that there have only been seven bank holidays between 01 April 2024 and 31 March 2025.
Under the Working Time Regulations, employees in England and Wales are entitled to a statutory minimum of 5.6 weeks holiday each year. For full time workers, this equates to 28 days including bank holidays.
If the employment contract states that employees receive 28 days holiday, including bank holidays, the employer will be compliant if employees receive the seven bank holidays and 21 days holiday.
If the employment contract states that employees receive 20 days plus all bank holidays, employees will only receive 27 days, falling short of the statutory minimum entitlement. Potential solutions include allowing affected employees an extra day’s holiday before 31 March 2025 or, if that is not practical, for example, if the employee is on sick leave, agreeing with the employee that they will have one extra day’s leave in the next holiday year.
If you would like to speak to one of our specialist employment solicitors about your employment contracts or handbooks, please contact the Employment Team at 01457 761 320 or e-mail enquire@odonnellsolicitors.co.uk.
