BANK AND PUBLIC HOLIDAYS

Dec 3 2008 by Sue Scott, Evening Gazette

Q. Do workers have a statutory or legal right to take bank holidays and public holidays with pay?

A. There is no statutory right for workers to take bank and public holidays with or without pay, although there are special rules for shopworkers on Christmas Day.

Q. How does a worker know what his/her rights are to take bank and public holidays?

A. Any rights that a worker has to bank or public holidays with or without pay, should be contained in her/his written contract of employment. If a worker has not been provided with a written contract, s/he as a minimum is entitled to receive a written statement of their employment particulars and this statement should contain information about holiday entitlement.

Q, Where a worker has the right to take bank and public holidays off and is paid for these days, do they then count towards the statutory holiday entitlement?

A. These days off will count as part of the statutory holiday entitlement unless the contract specifies that they are in addition to the statutory holidays.

Q What is the effect of having the bank and public holidays as part of the statutory holidays?

A. From October 2007, workers are entitled to 4.8 weeks off (24 working days for someone who works 5 days a week). In England and Wales there are usually 8 bank and public holidays each year. If bank and public holidays are to be taken into account for a worker's statutory holiday entitlement, that leaves a remaining 16 days when s/he can chose when to take the time off.

Q. What is the situation with part-time workers and bank and public holidays?

A. If an employer chooses to give workers bank and public holidays in addition to the statutory paid holidays, then part-time workers for that employer should be offered the same entitlement to these holidays on a pro-rata basis. This means that a part-time worker who works three days per week and is entitled to paid bank holidays should be entitled to paid leave on three-fifths of the bank holidays in the leave year.

Q. What can a worker do if s/he has a dispute with their employer regarding paid holiday entitlement?

A. Options for resolving problems and disputes regarding paid holidays are:

have informal discussions with the employer

seek advice from a Trade Union - if available

use the statutory grievance procedure

seek legal advice

consider an Employment Tribunal claim.

For further advice and assistance with all employment law matters, contact your local CAB. There are CABs located in Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton on Tees.