May Day is moving

legal_updates

When an employee works on a bank holiday, there is no statutory right to extra pay.

Author: Roxanne Bradley
Published:
Reading time: 2 minutes

This article is 3 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

May Day is usually the first Monday in May, but in 2020, to coincide with National VE Day commemorations, the Bank Holiday is being moved to Friday 8th May.

  • Employers must provide a minimum of 5.6 weeks of leave per year, which equates to 28 days per year for full time employees (inclusive of the 8 bank holidays).
  • There is no contractual right to take bank holidays off work, as long as the overall holiday entitlement provided still equals no less than the statutory minimum of 28 days per year, or no less than their contractual entitlement.
  • Part time employees (those who work less than your standard full-time number of hours per week) are entitled to accrue holiday on a pro-rata basis. This means that they should receive an equal amount of holiday to that received by full time employees.
  • Part time employees or those working irregular hours must receive a pro-rata entitlement of the bank-holiday at the correct rate.
  • Because this is a direct swap of days, there is no need to calculate full time entitlements any differently.

These are some things to remember – 

  • When an employee works on a bank holiday, there is no statutory right to extra pay – for example “time and a half” or double pay. Any right to extra pay depends on the terms of the employee’s contract of employment.
  • If an employee is required to work on bank holidays under the terms of their employment contract, the employee cannot refuse to work, even for religious reasons.

However, employers should be aware that a refusal to grant Christian employees time off for any of the bank holidays with religious significance could amount to indirect religious discrimination if it places them at a particular disadvantage when compared with employees of other faiths, or non-religious employees.

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.