How do I deal with bank holidays?
Bank holidays, everyone enjoys them but they can cause some complicated questions for employers.
There are usually eight public holidays a year in England in Wales. We have seen that the number of public holidays can change when a memorable and significant event happens, such as the Queens State Funeral and the Kings coronation.
Employees are entitled to 5.6 weeks paid annual leave, which equates to 28 days per year. Bank holidays can be included within this entitlement, but they may also be given in addition to the 28 days.
Where an additional bank holiday is declared, employers will need to consider the wording of their contract of employment. If the wording within the contract permits ‘all public bank holidays’ then employers will be required to provide the additional day as leave.
Many employers, despite what the contract states, will choose to give additional bank holidays to employees as a goodwill gesture and in respect of the significance of the event.
Do employees have a right to time off on a bank holiday?
No, employees do not have a statutory right to time off on a bank holiday and this often surprises many employers and employees. Ultimately, the right to time off during a bank holiday is set out within the contract of employment.
Do I need to pay employees extra pay for working bank holidays?
There is no statutory right for additional pay such as double time when an employee works a bank holiday. However, employers should be aware of what the employees contract of employment states. If the employees contract permits them additional pay, then they will need to adhere to this clause.
What about part-time employees?
Part-time workers must not be treated less favourable than a full-time employee. For part-time workers who work regular hours, they must receive a pro rata equivalent of what you give to those employees who are full-time.
Practical tips for employers
- Check the wording of contracts of employment and if you wish to provide additional bank holidays on a discretionary basis the wording may need to be amended which we can assist with;
- Act consistently with all employees, this is to try and avoid any potential discrimination claim should employee’s holidays be treated differently;
- Discuss how you plan to deal with bank holidays with employees, this will ensure that both parties are on the same page prior to the bank holiday.
For further advice or help on calculating holidays please contact a member of our team.
Leah Vaghela, Solicitor
