Managing bank holidays can be tricky for employers and this year there is an extra one to grapple with. To help you manage bank holidays in your organisation we are busting some bank holiday myths.
Myth 1: Employees have a legal right to time off on the usual bank holidays
There is no statutory right to time off on these days, it comes down to whether employees are entitled to this under the terms of their contract of employment. You will need to check your contracts to see what the position is in your organisation. In some sectors such as the care and hospitality sectors, bank holidays are commonly working days.
- The statutory minimum holiday entitlement is 5.6 weeks
- You must state in your contracts of employment how the usual bank holidays are treated
Myth 2: All employees get an extra day’s holiday to mark the Queen’s Platinum Jubilee
Whilst this year there will be an extra bank holiday on Friday 3rd June to mark the Queen’s Platinum Jubilee, whether employees are entitled to take paid time off on this day will again depend on their contract of employment.
Find out what you need to know about identifying the position in your organisation and your options if you have discretion about how to treat the extra bank holiday.
- Time flies, if you haven’t already done so, you need to clearly communicate the position regarding the extra bank holiday to employees as soon as possible to avoid problems arising later on
Myth 3: All employees are entitled to extra pay if they work on a bank holiday
Employees don’t have a right to be paid extra for working on a bank holiday unless their contract of employment entitles them to this. Whilst some employers choose to give employees a contractual right to a higher rate of pay for working on those days this isn’t the case for all and will vary by sector and between individual employers.
- Check your contracts to find out what the position is in your organisation (if your custom and practice differs from what is in your contracts you will need to contact us for advice).
Myth 4: Part time employees are 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.
Need holiday help?
Please contact us about holiday rights or any employment law matter as we are happy to help.