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Bank Holiday Bonanza

As the Easter bank holiday weekend will soon be upon us we thought it would be a good time to have a look at some of the questions we frequently get asked regarding bank holidays.

1. Do employees have a legal right to time off on bank holidays?

Not unless they are entitled to this under the terms of their contract of employment.

There is no statutory right to time off for bank holidays, so you will need to check your contracts to see if your organisation gives employees the right to time off on these days. In some sectors, such as the care sector, bank holidays are commonly treated as normal working days.

It’s important to bear in mind that the statutory minimum holiday entitlement is 28 days per holiday year (pro rata for part time workers). This is the case whether your organisation treats bank holidays as normal working days or as part of an employee’s holiday entitlement.

2. Do I need to pay employees extra if they work on a bank holiday?

Employees do not have a right to be paid extra for working on a bank holiday unless their contract of employment entitles them to this. Some employers choose to give employees a contractual right to a higher rate of pay for working on those days.

3. Are part time employees only entitled to paid bank holidays that fall on the days they normally work?

Part time employees have the right not to be treated less favourably than comparable full-time employees. This means that if bank holidays are treated as paid holidays for comparable full time employees, part-time employees should have a pro-rated allowance of paid bank holidays, irrespective of whether they normally work on the days on which bank holidays fall.

For example, Amanda works Wednesday to Friday, the holiday entitlement of a comparable full time employee is 28 days per year including the usual eight bank holidays. Amanda’s holiday entitlement would be 16.8 days’ holiday (3/5 x 28), irrespective of the fact that most of the eight bank holidays fall on days when she does not usually work.  If you require advice regarding bank holidays and part time employees in your organisation, please contact us.

If you require any assistance with an employment issue, please do not hesitate to contact Kingfisher Professional Services Ltd for advice as we are happy to help.