A warning has been issued to anyone working a bank holiday.
In 2023 May will have seen three bank holiday weekends by the time it is out.
While employees may be made up to get an extra long weekend, a bank holiday can be one of the busiest times for an employer. With the extra demand pinned on some, one of the most asked questions is ‘can I be made to work on a bank holiday?’
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Employment solicitor, Hannah Dowd, has answered frequently asked questions surrounding what workers should expect from their employers, including can an employer make you work.
Jackson Lees Group has explained the answer to the common question, "What are my Bank Holiday employment rights?". Hannah Dowd, employment solicitor, said: "It all comes down to what is expressed within the contract of employment.
"Both employers and employees should revert to the contract of employment as entitlement to leave will be governed by this. In the absence of anything expressed in writing within the contract, rights relating to bank holidays may depend on custom and practice or what has been agreed verbally.
"If the contract states that the employee is entitled to ‘all bank and public holidays’ then the extra day will to be taken as additional leave. If this is the case, your employer can not insist that you work on a public holiday, but they could seek the employee’s agreement to do so in exchange for a day in lieu at another time. That’s the first scenario.
"In most cases, the contract of employment will stipulate under a specific clause the exact number of public holidays (without specifying the actual dates of those) in addition to the leave entitlement of that employee. For example, 20 days leave and eight bank/public holidays. Sometimes, they are included within the total annual leave entitlement; for example, 28 days (inclusive of bank/public holidays).
"In either of these cases, employees will be able to request time off, but the day off will be subtracted from their usual annual leave entitlement. It’s important to understand that an employer is also under no obligation to grant any request for holidays, although they should only refuse the leave on reasonable grounds.
"Lastly, relating to pay, and if an employee is entitled to public holidays or not; if they work them there is no entitlement to extra pay unless there is a contractual right to it. Again, that will flow from either the terms of the contract, custom and practice or what may have been agreed verbally."
What about if I work part-time?
If an employer allows full time staff to have paid time off, but not part time staff, then they could be breaking the law. Legally, part-time staff should not be treated less favourably than full-time staff in terms of their entitlement to bank holidays.
Things to look out for on your contract
The wording of your contract is important to take note of when trying to find out whether or not you are entitled to take bank holidays off work or receive any extra pay for working them. If you have an employment contract, you should always check what it says as it should clearly set out rules about working on bank holidays.
To find the section of your contract that outlines bank holiday rules, you should look for wording like ‘holidays’, ‘holiday entitlement’ or ‘annual leave’.
Getting bank holidays in addition to your annual leave entitlement
You might see something that says, “In addition to bank and public holidays, your annual entitlement to holidays is … days” - this would mean you get bank and public holidays in addition to your annual leave entitlement.
Getting bank holidays as part of your annual leave entitlement
Or you might see, “Your annual holiday entitlement (inclusive of bank and public holidays) is ... days” - this would mean you have to take bank holidays as part of your annual leave entitlement.
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