Bank holidays do not automatically have to be given as paid days off on top of statutory annual leave.
GOV.UK states that an employer can include bank holidays as part of a worker's statutory annual leave entitlement.
A worker is generally entitled to 5.6 weeks' statutory paid holiday. Bank holidays can be included within that entitlement rather than added on top.
Are bank holidays a legal entitlement?
No. There is no general legal right to paid leave specifically because a day is a bank or public holiday.
What matters is the worker's overall annual leave entitlement and the terms of the employment contract.
Can bank holidays be included in the 28 days?
Yes. For a worker who works 5 days a week, the statutory minimum is usually 28 days. An employer can count bank holidays within those 28 days.
28 days including bank holidays
A contract might provide 20 days of employee-chosen annual leave plus 8 bank holidays, giving 28 days in total.
Can employers give bank holidays in addition?
Yes. An employer can offer more generous contractual leave than the statutory minimum, including bank holidays on top of other annual leave.
The contract should make clear whether bank holidays are included in or additional to the normal holiday allowance.
What about part-time staff?
Part-time employees should receive their correct overall statutory entitlement. Employers should be careful not to disadvantage someone simply because their normal working days happen to fall on fewer bank holidays.
Keeping entitlement in days or hours alongside the employee's actual working pattern can make this easier to manage consistently.
Do bank holidays differ across the UK?
Yes. England and Wales, Scotland and Northern Ireland do not have identical bank holiday calendars. Businesses with employees in different parts of the UK should make sure the correct regional arrangements are applied.
What should the holiday policy say?
- Whether bank holidays are included in annual leave.
- Whether employees are expected to work bank holidays.
- Which regional bank holiday calendar applies.
- How substitute bank holidays are handled.
- How part-time entitlement is managed.
Awayly includes company holiday settings and can help keep annual leave entitlement and working patterns clear.
Official sources
This guide provides general information for UK employers and teams. It is not legal advice. Employment circumstances can differ, so check current official guidance or obtain professional advice where needed.