Quick Answer: Do Bank Holidays Count as Annual Leave?
Yes, bank holidays can legally be included within the statutory 28-day minimum annual leave entitlement. There is no automatic right to take bank holidays off or to receive them in addition to annual leave.
It depends entirely on what the employment contract says.
| Contract Says | Bank Holidays | Total Days Off |
|---|---|---|
| "20 days + bank holidays" | 8 days on top | 28 days |
| "28 days including bank holidays" | Included in 28 | 28 days |
| "25 days + bank holidays" | 8 days on top | 33 days |
The Statutory Position
Under the Working Time Regulations 1998, all full-time employees are entitled to 5.6 weeks' paid annual leave, which works out to 28 days for someone working 5 days per week.
The legislation does not distinguish between bank holidays and normal annual leave. This means:
- Employers can include bank holidays within the 28-day minimum
- Employers can require employees to take bank holidays as annual leave
- There is no separate statutory right to bank holidays off
What Most Employers Do
In practice, the majority of UK employers offer bank holidays in addition to a base annual leave allowance:
- Most common: 20–25 days + 8 bank holidays = 28–33 days total
- Less common: 28 days including bank holidays (no separate bank holiday allocation)
Bank Holidays and Part-Time Workers
Part-time workers are entitled to a pro-rata share of the 28-day minimum, which includes any bank holiday entitlement.
Calculating Bank Holiday Entitlement for Part-Time Workers
Formula:
Bank holiday entitlement = 8 × (days worked per week ÷ 5)
| Working Pattern | Bank Holiday Entitlement |
|---|---|
| 5 days/week | 8.0 days |
| 4 days/week | 6.4 days |
| 3 days/week | 4.8 days |
| 2 days/week | 3.2 days |
The Part-Time Worker Trap
A common mistake: giving part-time workers bank holidays off only when a bank holiday falls on their working day. This can result in unequal treatment.
Example:
- Employee A works Monday–Friday: gets all 8 bank holidays off (most fall on Mondays)
- Employee B works Wednesday–Friday: gets only 2–3 bank holidays off
Solution: Pro-rata the bank holiday entitlement and add it to the leave allowance, letting the employee take the days whenever they choose.
Use our holiday calculator to calculate part-time entitlements accurately.
Contractual vs Statutory Entitlement
Check the Contract Wording
The employment contract determines how bank holidays are treated. Key phrases to look for:
| Contract Phrase | Meaning |
|---|---|
| "In addition to bank holidays" | Bank holidays are extra — generous |
| "Including bank holidays" | Bank holidays are part of the allowance |
| "Plus public holidays" | Same as "in addition to" |
| "28 days inclusive" | Likely includes bank holidays |
Custom and Practice
Even if the contract says "including bank holidays", a longstanding custom and practice of giving extra bank holidays may create an implied contractual right. Changing this would require consultation.
Rolled-Up Holiday Pay and Bank Holidays
Some employers (particularly those with casual or zero-hours workers) use rolled-up holiday pay, where an additional percentage is added to each hour's pay instead of providing paid time off.
Since the 2024 changes to the Working Time Regulations, rolled-up holiday pay is explicitly permitted for irregular-hours and part-year workers.
For these workers:
- Bank holidays are working days like any other
- Holiday pay is included in their hourly rate (12.07% uplift)
- They can request time off on bank holidays but are not automatically entitled to them
Can Your Employer Make You Work on Bank Holidays?
Yes. There is no statutory right to a day off on a bank holiday. Your employer can require you to work, provided:
- The employment contract does not guarantee bank holidays off
- You receive your full statutory annual leave entitlement (28 days)
- Enhanced pay for bank holiday working depends on contract terms — there is no legal requirement to pay extra for bank holiday work
Sectors Commonly Working Bank Holidays
- Retail and hospitality
- Healthcare and emergency services
- Transport and logistics
- Manufacturing (continuous production)
Key Takeaways for Employers
Drafting Employment Contracts
Be explicit about bank holiday treatment:
- State whether bank holidays are included in or additional to annual leave
- Specify what happens when a bank holiday falls on a non-working day
- Address bank holiday pay for those required to work
- Include a pro-rata clause for part-time employees
Avoiding Disputes
- Audit part-time entitlements — ensure pro-rata calculations are correct
- Be consistent — treat similar roles the same way
- Communicate changes — if restructuring bank holiday arrangements, consult first
Managing Bank Holidays with Grove
Grove handles bank holiday complexity automatically:
- Multi-region bank holidays — configure England, Scotland, Northern Ireland, or custom calendars
- Pro-rata calculations for part-time workers
- Team calendar showing bank holidays alongside annual leave
- Automatic deductions from entitlement when bank holidays are included
Tags:
Rachel Richardson
Head of Growth & Marketing, Grove HR
Rachel leads growth and marketing at Grove HR, with over a decade of experience in UK HR technology. She writes practical guides to help small businesses navigate employment law and build better workplaces.
Frequently Asked Questions
Do bank holidays come out of annual leave?
It depends on your employment contract. Employers can legally include bank holidays within the 28-day statutory minimum. Most employers offer bank holidays in addition to annual leave, but there is no legal requirement to do so.
Can my employer make me work on a bank holiday?
Yes. There is no automatic right to time off on a bank holiday unless your contract says otherwise. Your employer must still ensure you receive your full 28-day annual leave entitlement, but bank holidays do not have to be part of it.
How are bank holidays calculated for part-time workers?
Part-time workers receive a pro-rata share. Multiply 8 (the number of UK bank holidays) by the fraction of full-time hours worked. For example, someone working 3 days per week gets 8 × (3/5) = 4.8 days of bank holiday entitlement.
