A common assumption is that everyone is entitled to take bank holidays off work. In fact, in England and Wales there is no automatic legal right to time off on a bank holiday, it all comes down to the contract of employment. Here is what employers (and employees) need to know.
There is no statutory right to bank holidays off
Bank holidays are not, in themselves, guaranteed days off. Whether an employee can be required to work one depends on what their contract says. If the contract or working pattern allows it, an employer can ask staff to work on a bank holiday, which is why so many shops, restaurants and services stay open.
How holiday entitlement actually works
Under the Working Time Regulations 1998, almost all workers are entitled to 5.6 weeks of paid annual leave a year (28 days for someone working five days a week). Crucially, this statutory minimum can include the eight bank holidays, it does not have to be given on top of them.
So the key is the wording of the contract:
- "28 days' holiday inclusive of bank holidays", bank holidays come out of the overall allowance; the employer can require the employee to work a bank holiday and take the day another time.
- "20 days' holiday plus bank holidays", bank holidays are extra paid days off, and you would normally need a contractual right to ask the employee to work them.
Pay and time off in lieu
There is no automatic right to extra pay (such as "time and a half") for working a bank holiday, enhanced pay or a day off in lieu applies only if the contract provides for it. Many employers offer enhancements to make bank-holiday working more attractive, but that is a matter of contract and good practice, not a legal requirement.
Watch out for discrimination
Be careful where bank-holiday or weekend working affects employees because of their religion or belief, for example, requiring work on days of religious significance. Applying such requirements without justification could amount to indirect discrimination under the Equality Act 2010. Handle requests for time off for religious observance sensitively and consider whether you can accommodate them.
Practical tips for employers
- Check what your contracts actually say about holiday and bank holidays.
- Make the position clear in offer letters and staff handbooks (inclusive or in addition).
- Decide and communicate any enhanced pay or time off in lieu policy.
- Apply bank-holiday working consistently and be alert to discrimination and part-time worker issues.
Key takeaways
- There is no automatic right to bank holidays off, it depends on the contract.
- Statutory holiday is 5.6 weeks and can include bank holidays (Working Time Regulations 1998).
- Extra pay or time off in lieu applies only if contractual.
- Watch for religious discrimination when requiring bank-holiday or weekend working.
Sources
- Working Time Regulations 1998 (5.6 weeks' statutory paid leave)
- Equality Act 2010 (indirect discrimination)
- The contract of employment as the source of bank-holiday rights
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.