If your holiday year runs from 1st April to 31st March then you could be. Adding Bank holidays to the 20 days statutory holidays will mean 2 extra days holiday this time around because Easter 2016 will fall at the end of March. But in 2016-17 there will be two Bank Holidays less and if Bank Holidays are not included in your contract you will need to give two extra days to comply with the 28 day minimum.
We always advise clients to specify holidays as 5.6 weeks inclusive of Bank Holidays – which avoids this problem. But if you have chosen different wording then there are three possible solutions:
- Change your holiday year to 1st January to 31st December
- Allow carry-over of 2015-16 leave to 2016-17, although this cannot easily be insisted upon
- Change your contracts to be inclusive of Bank and Public Holidays.
These would be contractual changes and while there is a sound process for making such changes it has to be followed to avoid breach of contract claims. Let Employer Solutions guide you through.