Bank holidays often spark confusion at work: must staff get the day off, and is there extra pay for working them? In England and Wales, the surprising answer is that there is no automatic legal right to time off on a bank holiday, or to enhanced pay for working one. It nearly all comes down to the contract. Here is what employees and employers should know.
No automatic right to bank holidays off
There is no law guaranteeing time off on the eight bank holidays. Whether an employee can be required to work depends on their contract and working pattern. This is why shops, restaurants, hospitals and many services operate on bank holidays.
How statutory holiday works
Under the Working Time Regulations 1998, almost all workers are entitled to 5.6 weeks of paid annual leave (28 days for a five-day week). Importantly, this minimum can include bank holidays, it does not have to be given on top of them. So the contract wording is decisive:
- "28 days including bank holidays", bank holidays are counted within the allowance, and the employer can require an employee to work a bank holiday and take leave another day.
- "20 days plus bank holidays", bank holidays are extra paid days off, and you would normally need a contractual right to require the employee to work them.
Pay and time off in lieu
There is no automatic right to extra pay (like "time and a half") for working a bank holiday, nor to a day off in lieu, these apply only if the contract provides for them. Employers often offer enhancements as good practice or to attract staff, but that is a matter of contract, not law.
Part-time workers
Part-time workers must not be treated less favourably than comparable full-timers (Part-time Workers Regulations 2000). Because bank holidays often fall on particular weekdays, part-timers who do not work those days can lose out unless holiday is calculated pro rata, a common area of unfairness to watch.
Religion and belief
Requiring work on days of religious significance can raise indirect discrimination issues under the Equality Act 2010. Employers should consider reasonable requests for time off for religious observance and apply policies fairly.
Practical guidance
- Employees: check your contract, does your holiday include or exclude bank holidays, and does it say anything about pay or time off in lieu?
- Employers: make the position clear in contracts and handbooks, calculate part-timers' entitlement pro rata, and handle religious-observance requests sensitively.
Key takeaways
- There is no automatic right to bank holidays off, or to extra pay for working them.
- Statutory holiday is 5.6 weeks and can include bank holidays (Working Time Regulations 1998), the contract decides.
- Extra pay or time off in lieu applies only if contractual.
- Treat part-time workers fairly (pro rata) and be alert to religious discrimination.
Sources
- Working Time Regulations 1998 (5.6 weeks' statutory paid leave)
- Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- Equality Act 2010 (indirect discrimination); the contract of employment
--- 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.