The first thing to point out about working bank holidays is the statutory position; bank holidays can be included as part of your statutory annual leave entitlement. There is no general legal right to paid time off on bank holidays, unless your contract says otherwise. Many people automatically assume that public holidays are in addition to their holiday entitlement. In reality, many employers will enhance their employee holiday entitlement but this is a voluntary option not a legal obligation.

Who decides if you work bank holidays?

There are many industries which are open as normal throughout the year, even on bank holidays and other public holidays. Your employment contract will dictate whether you are obliged to work on bank holidays. If your place of work is closed on bank holiday-rights/public holidays then your employer can insist that you take these days as part of your holiday entitlement.

While the statutory position is clear, in reality there are a number of factors to take into consideration as to how this may be addressed as part of your employment contract.

Checking your employment contract

The large majority of employment contracts will address the issue of bank holidays/public holidays and employee holiday entitlement. Normally there will be a section covering holidays, holiday entitlement or annual leave. The more traditional wording might include such phrases as:-

• In addition to bank and public holidays, your annual holiday entitlement is X days. This means that that bank and public holidays are in addition to your contractual holiday entitlement.
• Your annual holiday entitlement is X days (inclusive of bank and public holidays). In this scenario, public and bank holidays are incorporated in your contractual holiday entitlement.

Whether or not your employer includes or excludes bank and public holidays from your holiday entitlement, they still need to abide by the statutory holiday entitlement regulations. The current statutory regulations are as follows:-

Normal working week	Paid holiday entitlement per annum
5 or more	28 days
4	22.4 days
3	16.8 days
2	11.2 days
1	5.6 days

If your holiday entitlement is not part of your employment contract, it must be available elsewhere. It is probably sensible to approach your HR Department and ask for confirmation for your records. On the rare occasion there is no mention of your holiday entitlement, either verbally, elsewhere or as part of your contract, you should clarify this as soon as possible.

What if you don’t have an employment contract?

When you initially accept an employment position, you may not receive a full written employment contract straight away. However, employers must provide a written statement of employment particulars. The principal statement must be provided on or before your first day of work.

While many people are often secretive about their salaries and employment contracts, you can still ask colleagues how bank holidays are usually handled, but your own entitlement will depend on your contract, written statement, workplace policy and statutory minimum rights.

It is dangerous to assume when you are unsure and more sensible to clarify the position as soon as possible with your employer.

Bank holidays, annual leave and full-time workers

When it comes to annual leave, bank holidays will be either:-

• Part of your overall holiday entitlement
• In addition to your contractual annual leave

If there is no specific mention of bank holidays then in a worst-case scenario assume that bank holidays/public holidays are part of your overall holiday entitlement. So, if we assume that you are a full-time worker entitled to 28 days annual leave, eight days of this leave may be allocated for bank holidays. This leaves a net 20 days annual leave excluding bank holidays.

Bank holidays, annual leave and part-time workers

Part-time workers are entitled to the same statutory holiday rights as full-time workers, but this is calculated on a pro-rata basis. For example, if you work two days a week, your minimum statutory annual leave entitlement is 11.2 days.

Bank holidays can be included in that entitlement if your contract says so. However, part-time workers should not be treated less favourably than comparable full-time workers. Many employers therefore calculate bank holiday entitlement on a pro-rata basis to avoid unfairness, especially where most bank holidays fall on Mondays.

For example, if bank holidays are included in your 11.2 days’ entitlement and you normally work Mondays and Tuesdays, you may need to use paid holiday for any bank holiday Mondays when the workplace is closed. If four Monday bank holidays fall on your normal working days, this would leave 7.2 days of holiday to take at another time.

If you normally work Tuesdays and Wednesdays, those Monday bank holidays may not affect your working week. However, your employer should still make sure your overall holiday entitlement is calculated fairly and in line with your contract and statutory rights.

There is nothing to stop an employee and employer making alternative arrangements. For example, if you normally work Mondays and Tuesdays, you may agree to work Tuesdays and Wednesdays during bank holiday weeks instead. This could allow you to keep more of your holiday entitlement to use at another time.

It is important to check your contract, written statement or workplace holiday policy so you know how bank holidays are handled for part-time workers.

Resolving issues with your employer

While the rules and regulations regarding working bank holidays and holiday entitlement are fairly straightforward, on occasion there are disputes. It is always sensible to be mindful of the impact on your long-term working relationship, while balancing this with your statutory rights. So, how should you address issues regarding your holiday entitlement?

Approach your employer on an informal basis

The first course of action is always an informal discussion with your employer. This gives you the opportunity to highlight your issues and request clarification from your employer. It may be that they have overlooked part of their regulatory obligations or they may simply disagree with your reading of the situation.

The majority of issues tend to be resolved on an informal basis although you can move to the next stage if you are not happy with their response.

Raising a grievance

If you believe that you have been wronged with regards to your holiday entitlement, and you have evidence to prove this, your next option is a formal grievance. While this is not the preferred route, on occasion you will have no option. When raising a formal grievance this tends to bring more company individuals into the situation, perhaps a company director, etc. It might be that a different set of eyes may spot something missed during the informal discussions.

Unfortunately, on occasion there will be employers who are simply reluctant to give you your full statutory holiday entitlement. If a formal grievance does not bring you the expected results, you should take professional advice.

Taking professional advice

If both informal and formal attempts to agree a resolution have failed, you may need to contact Acas for advice or Early Conciliation before making an employment tribunal claim. The further down the line you get with regards to potential resolutions, the greater the onus on you to provide clear concise evidence.

We have seen occasions where disagreements regarding holiday entitlement have led to the breakdown of the long-term working relationship between employers and employees. However, it is important to note that your employer is not allowed to “treat you differently” or hold it against you, if you pursue your statutory rights. Failure to honour this employee protection could lead to further action against your employer.

Clarity is the key with holiday entitlements

Whether or not bank holidays are part of your overall holiday entitlement should be made clear at the outset of your employment. If for some reason your employer has not provided these details, or you are unsure about the information provided, you can request confirmation. The statutory framework surrounding holiday entitlement, bank holidays and public holidays is fairly clear and straightforward.

Hopefully, any disagreements/misunderstandings about working bank holidays can be addressed on an informal basis, but there are additional options for employees.