Managers often ask us about employee rights when it comes to bank holidays. With Easter on the way here’s our top three questions that your business may have in relation to bank holidays for ‘fixed hour full year’ employees.
If you need help with holidays or bank holidays for a part-year employee or one who has irregular working hours, please get in touch to discuss your situation.
Do employees have a statutory right to time off on a bank holiday?
No, bank holidays don’t have to be given as paid leave. Any right to time off depends on the terms of the employee’s contract or in some cases the custom and practice in your business.
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. A business can choose in their contracts to include bank holidays as part of an employee’s statutory annual leave.
If your business 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.
Do my employees 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.
I employ a part-time worker, what is the position regarding part-time workers and bank holidays?
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.
As such, if a business 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 us.
If you have an employment law matter you would like assistance with, please get in touch.