Bank holidays and leave entitlement

THERE is no statutory right for a worker to take bank holidays or public holidays, with or without pay, although there are special rules for shop workers on Christmas Day.

Any rights you have to bank or public holidays, with or without pay, will be contained in your contract of employment.

If you are given bank or public holidays off and are paid for them, they will count towards your entitlement to statutory holiday unless your contract specifies that the bank or public holidays are given in addition to your statutory holiday.

Workers are entitled to 5.6 weeks off annually (28 working days for someone who works five days per week).

There are usually eight bank holidays every year and if bank holidays are taken out of your leave entitlement that leaves 20 days when you can chose when to take the time off.

If your employer chooses to give you bank and public holidays in addition to statutory paid holiday, then part-time workers for that employer should be offered the same entitlement to bank and public holidays on a pro-rata basis.

This means that a part-time worker who works three days per week and is entitled to paid bank holidays on top of their 5.6 weeks’ pro-rata paid leave, should be entitled to paid leave on three fifths of the bank holidays in the year, which rounds up to paid leave on five bank holidays in that year.

They would have to take other bank holidays out of their statutory entitlement.

You can get help, information and advice from your local Citizens Advice or visit www.citizensadvicewokingham.org.uk or contact Citizens Advice Wokingham at Second Floor, Waterford House, Erfstadt Court, Wokingham RG40 2YF. Tel: 0300 330 1189. email: public@ citizensadvicewokingham.org.uk