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Are You Entitled To Take Time Off Work On Bank Holidays And Public Holidays?

Arthur Li, Specialist
Employment Solicitor
Many workers believe, incorrectly, that they are automatically entitled to take paid time off work on bank holidays and public holidays. This, however, is an incorrect assumption. Most employees are given time off work on bank holidays and public holidays, however, employers do not legally have to give you this time off. If your employer does agree to give you this time off they do not have to pay you, though in reality many employees are paid for time taken off on bank and public holidays and indeed many businesses shut completely on these days. This article looks at how to find out whether you are entitled to take time off on bank and public holidays and, if so whether you will be paid for this time off and whether there is a maximum amount of statutory holiday that you, as an employee, are entitled to.
Your contract of employment will stipulate what your holiday entitlement is and whether you are, as part of your terms and conditions of employment, permitted to take time off on bank holidays and public holidays. You contract should state whether this time off will be paid or unpaid and it will also state whether or not the days you are permitted to take off on bank holidays and public holidays are included in or are on top of your statutory holiday entitlement.
Most workers have the statutory right to take 5.6 weeks paid holiday, though there are some exceptions to this rule. The maximum amount of statutory paid holiday is 28 days per year. Your holiday entitlement may depend on the number of days or hours per week that you work.
If you do not manage to take all of your holiday entitlement within a 12 month period you may be entitled to carry some of this holiday entitlement over to the next year. Again, you should consult your employment contract to confirm your particular rights on this matter.
Generally, there are 8 bank and public holidays in England and Wales and 9 in Scotland, however, the government occasionally grants an additional bank or public holiday to celebrate a special occasion, such as a Royal Wedding. If your employment contract is not providing you with the information you need with regards to your right to take time off on bank and public holidays you should speak to your human resources manager for clarification.
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