Bank holidays

There is no statutory right to time off (paid or unpaid) on bank holidays. Any entitlement relating to bank holidays is purely contractual, either through an express contractual term, or through an implied term based on conduct or custom and practice (See Chapter 3: Implied terms).

The only exception is the retail sector, where the Christmas Day (Trading) Act 2004 prevents most stores, except small convenience stores, opening on Christmas Day.

In Campbell & Smith Construction v Greenwood [2001] IRLR 588, the EAT held that the government’s announcement that there would be an additional day’s public holiday to mark the Millennium did not entitle employees to an extra day’s paid holiday.

Bank holidays can be included within the minimum 5.6 weeks of statutory holiday entitlement. Whether or not they are included depends on the contract terms.

There is no statutory right to be paid beyond normal contractual wages, or to time off in lieu, for working on bank holidays. Instead, any right to additional pay or time off for working a bank holiday depends on the employment contract.