Bank holidays 





There is no statutory right to time off (paid or unpaid) on bank holidays or Sundays. Any rights are purely contractual, either through an express contract term or an implied term based on conduct or custom and practice (see Chapter 3). The only exception is the retail sector, where most stores, except small convenience stores, must close on Easter Sunday and Christmas Day (see below). 


Where a union is recognised, treatment of bank holidays should be a matter for collective bargaining (see Chapter 5). 





Bank holidays can be included in the 5.6 weeks of statutory holiday entitlement. Whether they are included or added on top of the 5.6 weeks’ holiday depends on the employment contract.




There is no statutory right to be paid extra wages (or to time off in lieu) for working on bank holidays. Any such rights depend on the employment contract. 





Employers must not breach the Part-time Workers Regulations 2000 (PTWR) when working out the bank holiday pay of part-time workers, for example, if a bank holiday falls on a day that a part-time worker would not normally work. In most cases, the disadvantage can be removed by a policy of giving all part-timers a pro rata entitlement to paid time off for bank holidays based on the number of hours they work (see page 43).