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Holiday entitlement – bank holidays

Primed Team
19 February 2024 5 minutes

The issue of bank holidays and taking time off is a popular topic for employers – can workers take it off, is it a statutory allowance, can they take it as annual leave?

Are workers entitled to bank holidays off?

No. There is no statutory right for an employee to take a public holiday (bank holiday) as a day off – although there are trading restrictions in place for bank holidays so there are maximum hours some workers can be required to work.

The contract of employment will usually determine how bank holidays are treated and, if well drafted, will make it clear if a worker is not automatically entitled to take bank holidays off

 

 The Bank Holiday 2024 Schedule

The Bank Holiday schedule returns to normal in 2024, following 2022 and 2022 when we had an extra bank holiday, so the schedule was amended.

This year the Bank Holidays are as follows:

Monday 1 January 2024 – New Year’s Day

Friday 29 March 2024 – Good Friday

Monday 1 April 2024 – Easter Monday

Monday 6 May 2024 – Early May Bank Holiday

Monday 27 May 2024 – Spring Bank Holiday

Monday 26 August 2024 – Summer Bank Holiday

Tuesday 25 December 2024 – Christmas Day

Wednesday 26 December 2024 – Boxing Day

 

 

If my business is open, can employees book bank holidays off as annual leave?

Yes. If your business does continue to operate on bank holidays, employees are usually required to request and book those days as holiday, as with any other day.

Bank holidays can be a tricky time to manage, most people want to take time off to spend with their family or friends, especially if the weather is due to be nice and BBQ season is upon us.

As long as your contracts and policies are clear though, you can plan this time off with your employees, and refuse holiday requests if necessary, as at any other time of year.

 

Can bank holidays be included in minimum holiday entitlement?

Yes. There are plenty of businesses that don’t close on bank holidays.

All workers are entitled to a minimum of 5.6 weeks holiday, which translates to 28 days for someone working 5 days per week. An employer can include the 8 public holidays we have in England and Wales in those 28 days (9 in Scotland, 10 in Northern Ireland).

Usually the contract of employment will say something like “You are entitled to 20 days holiday plus the usual 8 bank holidays in England and Wales”.

 

What happens when there’s an extra bank holiday?

Last year we were granted an extra bank holiday for The King’s Coronation which took place on Saturday 6 May 2023 however, the bank holiday fell on Monday 8 May 2023 for England and Wales, making it an additional bank holiday to the usual 1 May 2023 bank holiday.

There is no legal right to the day off on a bank holiday – and there are plenty of workers whose role means they have little choice but to be available on bank holidays.

For those people their contracts are likely to be clear that there is no entitlement to take bank holidays as leave. The King’s Coronation bank holiday ‘gift’ is unlikely to make much of an impression on them.

But those whose workplace normally closes on bank holidays will be expecting an extra days’ holiday – whether they’re actually entitled to one depends on what the employment contract says.

 

Employment contract wording around Bank holidays

For example, if the employment contract says something like “your annual leave entitlement is 28 days including bank holidays” then there is no right to take the extra bank holiday next year as additional holiday.

If the contract wording is more loose – along the lines of “your annual leave entitlement is 20 days plus bank holidays” then it’s likely they will be entitled to the 3 June as an additional paid holiday for 2022.

 

This doesn’t mean a business has to close, but if it does choose to, does this mean employees get an extra days’ holiday?

Not necessarily, but it can depend on the wording of the contract. In most cases, provided employers give their workers the correct notice, they can require workers to take the King’s Coronation bank holiday out of their existing holiday entitlement.

Many employers will take the opportunity to promote positive employee relations, and award the extra days’ holiday.

Either way, don’t forget to plan ahead for what works best for your business and if necessary review your employment contracts.

 

Support from Primed to ensure your employment contracts are compliant

Now you’re aware of what needs to be in your employment contracts around Bank Holidays and depending on what your business wants to achieve, our friendly team of employment lawyers and HR experts can review your existing contracts and if appropriate issue new, fully compliant and up to date ones, along with a suite of policies to protect your business.

Not only this, our unlimited employment & HR package gives you access to an annual contract and policy review to ensure they are always fit for purpose and up to date, along with unlimited access to our employment lawyers and HR experts who can answer any questions you may have on a day to day basis about your contracts and other more complex HR issues.

FAQs

Can’t find the answer to your question?

Not necessarily, but it can depend on the wording of the contract. In most cases, provided employers give their workers the correct notice, they can require workers to take the Coronation bank holiday out of their existing holiday entitlement.

Closing your operations for the day but not giving workers the extra day as paid holiday (or not giving it as an extra day in lieu if that’s what you would normally do for those who work a bank holiday) is unlikely to be a popular approach.

Many employers will take the opportunity to promote positive employee relations, and award the extra days’ holiday.

Yes. If your business does continue to operate on bank holidays, employees are usually required to request and book those days as holiday, as with any other day.

Bank Holidays can be a tricky time to manage, as most people want to take time off to spend with their family or friends.

As long as your contracts and policies are clear though, you can plan this time off with your employees, and refuse holiday requests if necessary, as at any other time of year.

Either way, don’t forget to plan ahead for what works best for your business and if necessary, review your employment contracts.

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