Bank Holidays - Existing Entitlement And The Potential For Extra?

By Claire Rolston, Solicitor, Director, CLR Law

Bank holidays

Labour has said it would like to create more bank holidays to add to the 8 bank holidays we currently have. Occasionally, extra (one-off) bank holidays are announced for special occasions.

But are workers entitled to take off bank holidays?

Entitlement

The Working Time Regulations 1998 originally gave all workers entitlement to 4 weeks’ paid annual leave; the equivalent to 20 days holiday a year for a full-time worker.

Since 2009, the entitlement has been 5.6 weeks. This additional entitlement recognised the 8 bank holidays we have each year, increasing full-time workers’ entitled to 28 days holiday.

However, it did not actually create an entitlement to take off the specific bank holidays.

Who decides?

Ultimately, it is for you to decide when your employees or workers take their holidays and this is best set out in their contract.

This can provide for more than the statutory 5.6 weeks’ leave but not less. It can also provide for the leave entitlement to include or exclude bank holidays, or provide some flexibility entitling you to ask employees to work on a bank holiday if required.

Some employers prefer to specify the particular bank holidays which are allowed. This then gives the employer the option as to whether their employees are allowed to take off any extra bank holidays which are announced; where as a general entitlement to take off bank holidays will usually include additional days.

What about pay?

Again, this is for the employer to decide. There is no statutory entitlement to be paid at an enhanced rate for working on a bank holiday. Any special arrangements in relation to pay should be reflected in the contract.

Key points:

Consider your business needs when determining holiday entitlement;

Ensure part-time entitlement is accurately calculated and that appropriate provisions are in place; and

Ensure the arrangements are reflected in the contract.