- Posted Tuesday April 8, 2014
With Easter around the corner and a bumper batch of bank holidays on the horizon, I thought it would be a good idea to share with you these FAQs on dealing with bank holidays. Here are some of the most popular questions proposed to us by our members regarding bank holiday leave.
Q. Is there a statutory right to paid leave on bank holidays or public holidays?
Many workers do not realise that there is no statutory right to paid leave on bank or public holidays: it depends upon what is provided in the contract of employment. Time off for bank holidays can be counted against a worker’s annual holiday entitlement or can be provided in addition, depending upon what is agreed between the employer and the employee. Any right to time off or extra pay for working on a bank holiday depends on the terms of the contract of employment.
Many workers will be entitled to pay on bank and public holidays as a result of implied or express contractual terms.
The current minimum annual leave entitlement is 28 days and employers can count bank holidays towards the entitlement. Some employers give the 28 day entitlement in addition to bank or public holidays but they are not obliged to do this.
Q. Does the statutory paid annual leave provided by the Working Time Regulations include bank holidays?
Unlike in the rest of Europe the 28 days paid annual leave is not additional to bank holidays. Accordingly the customary eight days bank holidays can go towards meeting the employee's 28 day working time entitlement.
Despite the bare minimum legal position, many employers are expected to give bank holidays in addition to the increased 28 day entitlement although they do not have to do so.
In addition to the above FPM members can obtain further information via the FPM website. Alternatively members can also email specific questions about employment issues to firstname.lastname@example.org where your question will be treated in confidence and will normally be answered (by email) within 2 working days of submission.