Working a bank holiday does not automatically mean you are entitled to extra pay or time off in lieu, according to employment advisory service ACAS. Whether you get the day off, have to work, or receive enhanced pay depends on your employment contract, your employer's holiday policy, or any collective agreement, which are common in unionised workplaces.
If your contract states that you must work bank holidays, or you work in a sector like hospitality where it is a busy day, you will be expected to treat it as any other working day and attend work as normal.
Who can take time off on a bank holiday?
ACAS has stated that bank holidays do not automatically entitle you to time off. However, the law sets a minimum amount of paid annual leave that any company may offer. If you work part-time, leave is usually pro-rated.
There is a common issue when a workplace is closed on bank holidays and a part-time worker who does not normally work Mondays appears to miss out. Employers typically address this by giving leave in hours rather than days, so everyone has an equivalent pot, or by applying a pro-rata bank holiday allowance.
For those on zero-hours contracts, leave accrues based on hours worked, or holiday pay may be reflected in how pay is calculated. There is no single method every employer must use, but the outcome should be fair and consistent.
Legal amount of paid time off
Most workers are legally entitled to 5.6 weeks of paid holiday per year, which is 28 days a year for someone working five days a week, ACAS notes. Employers can choose to include bank holidays within that 28-day minimum.
Some contracts state you get 28 days including bank holidays, meaning the bank holidays come out of your allowance, while others state 28 days plus bank holidays, meaning bank holidays are on top. This will be found in your contract or holiday policy.
Do you have the right to more money for working a bank holiday?
ACAS shared that there is no automatic legal right to 'time-and-a-half' or any other premium for working a bank holiday. Extra pay only counts if it is in your contract, in a workplace policy, or part of a collective agreement. Many employers do offer enhanced rates, so it is worth checking the wording used in your contract or any policies.
Time off in lieu purely because it is a bank holiday is not an automatic legal right either, and this also depends on your contract. You are entitled to your minimum annual leave, so if you work a bank holiday that you would otherwise have had off, employers commonly handle it by giving another day off in lieu, or counting the bank holiday as a normal working day and letting you take leave at another time, depending on the policy.
If your holiday allowance is 'including bank holidays,' then working a bank holiday may mean you can take another day off, but it depends on how your employer administers leave.
Can you refuse to work a bank holiday?
If your contract says bank holidays are treated as normal days and you must work them when rostered, refusing could be treated as a conduct issue. However, if you have a legitimate reason for not being able to work, this could change.
For example, if refusal is connected to religion or belief, employers should consider requests reasonably and avoid discrimination. It will not always mean an automatic right to refuse, but employers should handle it carefully. If working that day creates a disability-related disadvantage, the employer may need to consider reasonable adjustments. If you have worked more than 48 hours in that week as well, you will be entitled to time off, unless you have opted out.
As per ACAS' advice, it is worth checking your contract and company policy to iron out any confusion about what you are actually entitled to.
