Bank Holiday Entitlement UK 2026: Employer's Guide
Bank holidays are one of the most frequently misunderstood areas of UK employment law. Many employees believe they have an automatic right to bank holidays off — they don't. Many employers believe they must always pay extra for bank holiday working — they don't either. The truth is more nuanced, and getting it wrong in either direction creates unnecessary conflict.
This guide sets out exactly what UK law says about bank holiday entitlement, how to handle part-time and shift workers, and how to build a fair, compliant policy.
Do Employees Have a Right to Bank Holidays Off?
No — there is no statutory right in UK law to take bank holidays as paid leave. This surprises many people, but the Working Time Regulations only guarantee 5.6 weeks of annual leave. They say nothing about when that leave must be taken or that it must coincide with bank holidays.
Whether employees get bank holidays off — and whether they are paid for them — depends entirely on their employment contract.
The Three Most Common Contract Arrangements
- "28 days' holiday including bank holidays" — Bank holidays are counted as part of the 5.6-week statutory minimum. Employees can use their leave allocation to take bank holidays off.
- "20 days plus bank holidays" — The 8 bank holidays are on top of the statutory minimum. Employees get the full 28 days and also have bank holidays off separately.
- "28 days plus bank holidays" — Above-statutory arrangement. Employees get 28 days of their own leave plus all bank holidays off.
"Employers are not required to give employees paid time off for bank holidays. It depends on what the employment contract says."
— ACAS: Bank and Public Holidays
Bank Holidays for Part-Time Employees
Part-time workers have the right not to be treated less favourably than comparable full-time workers. This means you cannot give part-time staff fewer bank holiday days on a proportionate basis.
The practical challenge is that most UK bank holidays fall on Mondays. A part-time employee who always works Monday gets all 8 bank holidays falling on their working day. A part-time employee who only works Tuesday to Thursday gets none.
The solution most employers use is to give all part-time staff a pro-rata bank holiday allowance:
- Full-time (5 days/week) = 8 bank holidays
- Part-time 3 days/week = 8 × (3/5) = 4.8 days
- Part-time 2 days/week = 8 × (2/5) = 3.2 days
These hours are added to their leave allowance and can be taken at any time — not just when bank holidays fall. This avoids the problem of Monday-workers getting all bank holidays and Tuesday-Thursday workers getting none.
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Working on Bank Holidays
Many businesses — especially in hospitality, retail, healthcare, and care — operate on bank holidays and need staff to work them. Here's what you need to know:
Is There a Right to Refuse?
Employees can be required to work bank holidays if their contract states this. The contract must make clear that bank holidays are not automatically given as days off. If you want the flexibility to schedule staff on bank holidays, ensure this is explicit in employment contracts.
Is Enhanced Pay Required?
No. There is no statutory requirement to pay enhanced rates (e.g., double time or time-and-a-half) for working on bank holidays. Some employers do this as a matter of policy or because it is in the contract — but it is not a legal requirement. You must always pay at least the National Minimum Wage.
Time Off in Lieu
A common arrangement is to give employees who work a bank holiday a day off at another time — sometimes called "day off in lieu" or TOIL. This is a popular approach in healthcare and hospitality where weekend/bank holiday working is routine. See our TOIL guide for how this works.
UK Bank Holidays 2026
There are 8 standard bank holidays in England and Wales in 2026:
- New Year's Day — 1 January 2026
- Good Friday — 3 April 2026
- Easter Monday — 6 April 2026
- Early May Bank Holiday — 4 May 2026
- Spring Bank Holiday — 25 May 2026
- Summer Bank Holiday — 31 August 2026
- Christmas Day — 25 December 2026
- Boxing Day — 28 December 2026 (substitute day)
Scotland and Northern Ireland have different bank holidays — check the GOV.UK bank holiday page for region-specific dates.
Bank Holidays for Zero Hours and Irregular Workers
If a zero hours worker's contract includes bank holidays as part of their leave entitlement, they accrue bank holiday entitlement proportionally based on hours worked. If bank holidays are not mentioned in their contract, they may have no separate entitlement beyond their general 5.6-week pro-rata allocation. Read our full guide on holiday pay for zero hours workers for more detail.
Bank Holidays During Sick Leave
If an employee is off sick during a bank holiday and your contract says they're entitled to bank holidays, the day counts as a bank holiday — not a sick day. The employee should not have to use a sick day for a bank holiday they would have had off anyway. This is confirmed by case law and ACAS guidance.
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Building a Clear Bank Holiday Policy
A good bank holiday policy should state:
- Whether bank holidays are included in or additional to the leave allowance
- Whether employees are required to work on bank holidays
- Any enhanced pay or TOIL arrangement for bank holiday working
- How bank holidays are treated for part-time staff
- What happens if a bank holiday falls during sick leave
Clear policies prevent disputes and help employees plan. If you don't have a written policy, employees will assume their own interpretation — and that often ends in disagreement.