Bank Holidays and Annual Leave: Can Your Employer Include Them in Your Allowance?
The short answer: yes, legally. But many employers give bank holidays on top. Here is how to check what you are entitled to.
A common source of confusion for UK employees is whether bank holidays count toward their statutory annual leave entitlement or sit on top of it. The law is clear, but the answer surprises many people: your employer is not legally required to give you bank holidays as extra days off. Here is exactly how the rules work.
The statutory minimum: 5.6 weeks per year
Full-time employees in the UK are entitled to a minimum of 5.6 weeks (28 days) of paid annual leave per year under the Working Time Regulations 1998. This applies from day one of employment.
That 5.6 weeks is a total — it includes any bank holidays your employer designates as paid leave. There is no separate legal right to bank holidays.
So can my employer count bank holidays as part of my 28 days?
Yes. If your employer gives you 20 days of annual leave plus 8 bank holidays, your total is 28 days, which exactly meets the statutory minimum. This is one of the most common arrangements in the UK.
It is also lawful to give 28 days of annual leave that includesbank holidays but not as fixed days — meaning you could choose to take your 28 days at any time. However, most employment contracts specify when bank holidays fall.
What if my employer gives more than 28 days?
Many employers — particularly in the public sector — offer annual leave above the statutory minimum. Common arrangements include:
- 25 days plus 8 bank holidays (33 days total)
- 28 days plus bank holidays (36 days total)
- Holiday entitlement rising with length of service
Everything above the statutory 28 days is contractual leave governed by your employment contract. Your employer cannot reduce these terms without your agreement.
How many bank holidays are there in England and Wales?
There are typically 8 bank holidays per year in England and Wales:
- New Year's Day (1 January)
- Good Friday
- Easter Monday
- Early May Bank Holiday (first Monday in May)
- Spring Bank Holiday (last Monday in May)
- Summer Bank Holiday (last Monday in August)
- Christmas Day (25 December)
- Boxing Day (26 December)
Scotland has different bank holidays (9 per year), as does Northern Ireland (10 per year).
Part-time workers and bank holidays
Part-time workers have the same legal rights as full-time workers on a pro-rata basis. If full-time staff get bank holidays as extra days, a part-time worker who does not work on Mondays cannot simply be excluded from that benefit. Their entitlement must be calculated fairly on a pro-rata basis.
The easiest way to handle this is to convert everyone's holiday entitlement to hours. Use our annual leave calculator to convert leave entitlement to hours for any working pattern.
What happens to bank holidays during sick or maternity leave?
Holiday entitlement continues to accrue during sick leave and statutory maternity, paternity, and adoption leave. If you cannot take bank holidays because you are on statutory leave, you are entitled to take those days at another time. Employers cannot simply forfeit bank holidays that fell during a period of sick or family leave.
Can I be required to take annual leave on a bank holiday?
Yes. Your employer can require you to take annual leave on specific dates — including bank holidays — provided they give you enough notice (at least twice the amount of leave being taken). Your employer cannot force you to take leave that reduces your total entitlement below 28 days.
How to check what you are entitled to
Start with your employment contract, which should state your annual leave entitlement and whether bank holidays are included or separate. If the contract is silent on bank holidays, the employer is still permitted to count them toward the 28-day minimum.
Not sure how much leave you have accrued? Use our holiday entitlement calculator to calculate your entitlement and accrual for any working pattern or start date.