Managers often ask us about employee rights when it comes to bank holidays. Here’s three common questions your business may have in relation to bank holidays for ‘fixed hour full year’ employees.
1. Do employees have a statutory right to time off on a bank holiday?
No, bank holidays do not have to be given as paid leave. Any right to time off depends on the terms of the employee’s contract of employment or custom and practice in the organisation.
It’s important to remember that ‘fixed hour full year’ employees have a statutory minimum holiday entitlement of 5.6 weeks in each holiday year. An employer can choose in their contracts to include bank holidays as part of an employee’s statutory annual leave.
If an organisation treats bank holidays as normal working days, an employee will have to request to take a bank holiday as a day’s holiday if they would like that day off, just as they would do for any other day.
2. Does an employee have a statutory right to be paid extra for working on a bank holiday?
No, any right to an enhanced rate of pay such as double time or time and a half, depends on the employee’s contract of employment or custom and practice in the organisation.
3. What is the position regarding part time workers and bank holidays?
It’s important to remember that a part-time worker has the right not to be treated less favourably than a comparable full-time worker – this includes entitlement to bank holidays.
With this in mind, if an organisation gives paid time off on bank holidays, part-time employees should be given a pro-rated allowance of paid bank holidays, irrespective of whether or not they normally work on the days on which bank holidays fall. If you would like advice regarding holidays and part-time employees, please contact Kingfisher Professional Services Ltd.
If you have an employment law matter you would like assistance with, including if you have a question regarding part-year / irregular hours employees and holiday entitlement, please do not hesitate to contact Kingfisher Professional Services Ltd as we are happy to help.