Do I have to work over Christmas?
It’s up to your employer to decide whether or not you have to work on bank holidays.
If your place of work is closed on bank holidays, your employer can make you take them as part of your annual leave entitlement.
Some employers might give you bank holidays off and pay you for them on top of your annual leave entitlement. This will be outlined in your contract.
Check your contract
If you have an employment contract, you should check what it says. It should set out rules about working on bank holidays.
Look for wording like ‘holidays’, ‘holiday entitlement’ or ‘annual leave’.
You might see something that says, “In addition to bank and public holidays, your annual entitlement to holidays is … days” – this would mean you get bank and public holidays in addition to your annual leave entitlement.
Or you might see, “Your annual holiday entitlement (inclusive of bank and public holidays) is … days” – this would mean you have to take bank holidays as part of your annual leave entitlement.
Your employer must follow what’s in your contract. If they don’t, you should raise the issue with them.
If your contract doesn’t say anything about bank holidays, ask your employer what their rules are.
If you don’t have a contract
If you haven’t been given a contract, you should ask your employer what their rules are.
You could also speak to other colleagues to see what their situation is. If you’re being treated differently to your colleagues, you could raise the issue with your employer.
Who has the right to paid holidays
Most workers have the right to take a minimum amount of paid holiday. Only people who are self-employed and a few other exceptions will not be entitled to statutory paid holiday (see below).
The rules about statutory holiday apply regardless of how long you have worked for your employer and regardless of how old you are. However, you don’t have the right to statutory holiday if you’re a child under school leaving age.
You have the right to take 5.6 weeks’ paid holiday a year.
Your contract of employment may give you the right to take more than the statutory amount of paid holiday. However, it cannot give you less. If your contract gives you the right to take more than the statutory amount of paid holiday, this is called contractual holiday. The law doesn’t say how much contractual holiday you should get, or whether or not it should be paid.
Bank holidays and annual leave
If you’re entitled to annual leave, then bank holidays will either be:
- deducted from your annual leave allowance (so you’ll have to take all bank holidays as paid holiday)
- counted as additional holiday days – you may or may not be paid for them
Your contract should say which situation applies to you. If it doesn’t, bank holidays will automatically be deducted from your annual leave entitlement.
You work full-time and you’re entitled to 28 days of statutory paid holiday a year. You don’t have a written contract of employment. You’ll have to take the 8 bank holidays out of your paid holiday entitlement. This means you’ll have 20 days left to take when you choose.
If you work part-time
If your work shuts on bank holidays and you normally work on those days, you’ll have to take them as paid holiday. Because you work part-time, you’ll be entitled to fewer statutory holiday days each year than if you were full-time. This will leave you fewer holiday days to take at a time of your choice.
You work 1 day a week – Monday. You’re entitled to 5.6 days’ annual leave each year.
There are 4 bank holidays that fall on a Monday each year, and your work shuts on these days. This means you have to use up 4 days of your annual leave on bank holidays. This leaves you with 1.6 days’ annual leave to take at a time of your choice.
If you worked on Tuesdays, there would be no bank holidays on the days you work. Therefore you’d be left with 5.6 days’ annual leave to take at a time of your choice.
There’s no law to stop your employer from doing this, but you might be able to negotiate it. For example, you could ask them not to pay you on bank holidays and instead give you paid holiday on other days of your choice.
Agency workers and holidays
Agency workers have the right to take 5.6 weeks’ paid holiday a year. They may also have additional rights to holiday.
Workers who do not have the right to statutory holiday
There are some workers who are not entitled to statutory holiday.
You won’t have the right to statutory holiday if you work in:
- the armed forces
- the police
- the civil protection services.
However, if you’re not entitled to statutory paid holiday, your contract of employment will probably give you the right to take contractual holiday.