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Employment law – One Long Holiday? – part 2

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Are you entitled to take that time off work?Sally Davenport continues her series on employment law and holidays (the first part is here).

Employment law and holidays

After last weekend’s glorious sunshine, can the bank holiday weekend possibly be as good? Probably not, but in anticipation of an extra lazy day in the garden or on the beach, I thought it might be a good time to look at how bank holidays are treated under employment law.

In his recent post on family law, Mark Foley wrote about misconceptions. There is no shortage of them in the employment law field either. My university professor used to refer to employment law myths, and certainly there are a few of them around in relation to bank (or, to be technically correct, public) holidays.

Myth 1: It’s a bank holiday, I’m entitled to the day off

No you’re not. All employees now have a statutory entitlement to 28 days paid holiday per year. For those employees who do not have any additional contractual entitlement, this is eight days more than a few years ago.

However, unless your contract states otherwise, the eight UK public holidays come out of this 28 day paid holiday entitlement if your employer closes on bank holidays. The only exception to this may be if you are able to show that it is custom and practice in your workplace for public holidays to be given as additional paid time off.

If your employer opens on bank holidays you may be required to work. It all depends on what your contract says, but obviously employers who do open on bank holidays are likely to require their employees to work or take the day as annual leave.

Myth 2: Oh well, at least I’ll be paid double time

Wrong again. There is no entitlement to double time, time and a half or any other additional pay for working bank holidays unless your contract says so.

So, is there any good news?

Yes, we are going to get an extra day off in June 2012 for the Queen’s Diamond Jubilee – if you can wait that long!

You will find more information about Sally Davenport here.


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