Bank Holiday Entitlement
There is no statutory right to time off on bank holidays. Entitlement depends on the employment contract. Employers can include the 8 bank holidays within the 28-day statutory minimum leave or offer them in addition to it. Part-time workers must not be treated less favourably.
Last updated: February 2025
8 per year (England/Wales)
UK bank holidays
9 per year
Scotland bank holidays
5.6 weeks total
Statutory minimum leave
What the Law Says
The Banking and Financial Dealings Act 1971 designates bank holidays but creates no employment right to time off. Holiday entitlement comes from the Working Time Regulations 1998 (5.6 weeks). Contracts determine whether bank holidays are included in or additional to statutory leave. The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 require pro-rata treatment.
Your Obligations as an Employer
- Clearly state bank holiday entitlement in the contract
- Pro-rate bank holiday entitlement for part-time workers
- Ensure total leave meets or exceeds 5.6 weeks including any bank holidays
- Pay enhanced rates on bank holidays only if contractually agreed
What to Include in Contracts
Explicitly state whether bank holidays are included within or additional to annual leave entitlement, specify whether bank holidays are paid at normal or enhanced rate, and detail arrangements for part-time workers and those required to work on bank holidays.
View related contract templateCommon Mistakes
- Assuming all employees are automatically entitled to bank holidays off
- Not pro-rating bank holiday entitlement for part-time workers who never work on bank holiday days
- Failing to state clearly whether 28 days includes or excludes bank holidays
FAQ
Is extra pay required for working on bank holidays?
There is no statutory right to enhanced pay for working on bank holidays. Any premium pay (time-and-a-half, double time) must be specified in the contract or collective agreement. If the contract is silent, only normal pay is required.
Do religious holidays have to be accommodated?
Employers should consider requests for time off for religious holidays to avoid indirect religious discrimination under the Equality Act 2010. Refusing without justification could be discriminatory, but employers can require use of annual leave and consider business needs.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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