Bank holidays

There is no statutory right to bank holidays. Any entitlement 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). 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 will depend on the terms of the employment contract.