How to work out your employee’s bank holiday entitlement

“How many bank holidays do I actually have to pay my staff for?”

This depends on what bank holiday entitlement clause you have in your contract (if you don’t have a written contract of employment, get one NOW).

Most organizations have the clause in their contract, “You will be paid for eight bank holidays a year.” However, some are more generous and say, “You will be paid for all bank holidays in a year,” which will then cover any additional ones we get.

Part-time workers – with the above wording in the contract, they will have a pro-rata entitlement to be paid for the bank holidays if you are closed. For example, if they work 20 hours a week, they would be paid for 4 bank holidays a year, even if they did not fall on the normal days they work.

They may have time off for all 8 days, but they will only be paid for 4 days.

Holiday is paid time off.

The alternative?

Some employers, especially those open seven days a week, have found it easier to give their staff their holiday entitlement as just 28 days, with no automatic right to have bank holidays off.

This is legally ok; as long as they have 28 paid days off per year. This formulation means that if they want to have a bank holiday off, they need to request a day off like any other holiday.

There is no legal right to

  • Have a bank holiday off
  • Be paid for a bank holiday

Any questions? Fill out our contact form, call us now on 01491 598 600 or email on cw@gaphr.co.uk and we will be delighted to help you.

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