Do I have to give staff the bank holiday off work?
Employees are entitled to a minimum of 5.6 weeks’ holiday per year (pro-rated for part time employees), however there is no statutory entitlement to time off on a bank holiday. Contracts of employment should set out whether an individual is entitled to leave from work on a bank holiday. For example, a contractual entitlement to 20 days “plus the usual 8 bank holidays” may not give an entitlement to the extra bank holiday, whereas a term providing for “20 days plus bank holidays” would do.
The government has issued guidance acknowledging that they cannot interfere with existing contractual arrangements between employers and their workers but saying that they expect employers to respond sensitively to requests for time off on the day of the funeral.
Can I require staff to take the bank holiday as part of their existing annual leave entitlement?
Subject to an employer’s existing contractual arrangements, this may be possible and if an employer intends to take this approach it is a matter for discussion with staff.
Where an employee does not usually work on the day on which the bank holiday falls, an employer cannot make them use that day as part of their holiday entitlement.
Our contracts require our employees to work bank holidays. Do I have to give them the day of 19th September off work? And if they do work the bank holiday, will they be entitled to time off in lieu?
There is no statutory right to have a bank holiday off work and, as above, the contract should be the first port of call. Any changes to the usual requirement to work bank holidays should be a matter for discussion between an employer and their workers.
Subject to existing contractual arrangements, an employer does not have to grant a day off in lieu of a bank holiday.
An employee already has Monday 19th September booked as leave. Are they allowed to reclaim this leave?
This is something which can be discussed between an employer and the individual in question.
I need my workforce to work on the bank holiday. Do I have to pay them extra for doing so?
Employers should review their existing contractual arrangements regarding overtime pay for bank holidays. There is no statutory right to be paid more on a bank holiday and this is a matter for discussion between the employer and their workers.
Points to Consider:
- What existing contractual arrangements are in place in respect of bank holidays?
- Communicate the business’s policy in respect of the bank holiday as far in advance as possible.
- Weigh up the cost of allowing the extra bank holiday against the damage to goodwill and morale amongst workers if it is refused.
- Consider any requests for time off on 19th. Any requests should be treated sensitively.
- Try to apply any policy fairly and consistently to avoid the risk of complaints if some workers’ requests not to work the bank holiday are granted whereas others are not.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
