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With the King’s coronation just around the corner, it’s never been a better time to discuss working bank holidays. May hosts a third of 2023’s holidays, so questions regarding bank holiday rights are more prevalent than ever.
To ensure your business is staying in line with the law, make sure to read on. This blog covers everything employers need to know regarding their employees working bank holidays.
If you need assistance with an employment matter, call our expert team directly on 0203 007 5500 or send an enquiry to info@brittontime.com
Does an employee automatically get time off on bank holidays?
Employers do not legally have to let employees take time off from working bank holidays. Any time that an employee is allowed to take off will depend on the terms of their contract.
If an employee refuses to work on a bank holiday, you can treat this as an unauthorised absence and follow up with disciplinary procedures. Ensure you adhere to your standard disciplinary procedure and treat it like any other absence.
What if my business is closed on a bank holiday?
If your business is not open on a bank holiday, there is no requirement to give employees paid leave. Instead, you can take this from their holiday entitlement.
Importantly, you will need to outline this in their contract of employment.
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Do I need to give employees extra pay for working bank holidays?
It’s a common myth that working a bank holiday means that employees who are paid on an hourly basis are entitled to extra pay. This is false.
Whilst some businesses do choose to give employees extra money on these days, you as the employer have no legal obligation to do so. Again, any notion of extra rates for working bank holidays should be stipulated in an employee’s contract of employment.
If the contract fails to mention anything on pay rates, an employee’s rights will depend on what they verbally agreed with you prior. For example, if you offered employees extra pay for working bank holidays in the past, this may become a contractual right.
As with most employment matters, what can constitute as a contractual right will differ on a case-to-case basis. You should always get an expert’s opinion to know your legal standpoint.
What happens if a part-time employee doesn’t work on a bank holiday?
Employees that don’t work on days that bank holidays fall on (usually Mondays) may potentially have fewer days off per year than other workers.
To ensure you as the employer stay in line with the law, you need to make sure that all employees have at least the statutory minimum annual leave entitlement. To avoid complaints, many businesses simply offer part-time employees enhanced rates on bank holidays.
How can I calculate the amount of holiday an employee is entitled to?
Currently, the statutory rate for full-time workers is 28 days holiday including bank holidays. However, when bank holidays come into the mix, it can get confusing.
For part-time workers, you should use the calculation below to work out their pro-rata holiday allowance including bank holidays:
For example, an employee that works three 8-hour shifts per week would be entitled to:
(24/40) x (8×8) = 0.6 x 64 = 38.4
Rounded up, this would become 39 hours holiday per year.
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Can I refuse an employee’s leave request on a bank holiday?
Yes – you can. Ultimately, if you require an employee to work on a bank holiday, and it states this in their employment contract, they cannot refuse.
However, you’ll need a good reason as to why you’re denying the leave request.
If an employee raises a grievance about their leave denial, you’ll need to show that your reasoning was in the interests of the business. For example, you may already be severely understaffed on a day that an employee requests off.
Employers that cannot show a clear reason may run the risk of a constructive dismissal claim later down the line, especially if you regularly deny a worker to take leave instead of working bank holidays.
Ultimately, if you require an employee to work on a bank holiday, and it states this in their employment contract, they cannot refuse.
What if an employee’s contract fails to mention working on bank holidays?
If an employee’s contract of employment fails to mention bank holidays, their rights will defer back to verbal agreements or past treatment.
For example, if you’ve agreed with an employee that they don’t need to work bank holidays, and suddenly you change your mind, the employee may be within their right to claim against this. This becomes especially tricky when you consider indirect discrimination, such as making parents work on bank holidays when they have children.
This is an especially tricky area of law and it’s hard to give an answer that fits all scenarios. If you have an employment dispute, it’s best to consult an expert who can analyse your matter and judge it on a case-by-case basis.
How can Britton and Time Solicitors help?
If your business needs employees to work on bank holidays, you’ll need to ensure that the contract of employment states this. Failing this, you may leave yourself liable.
If you need an expert employment solicitor to review your contracts, business, or for independent legal advice, we can help.
To get in contact with our team, simply call us on 020 3007 5500. or send an email to info@brittontime.com
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