If you have been asked to work this May Bank Holiday, you may be entitled to a day off in lieu from your employer.
But this isn’t always guaranteed, and will depend on how your annual leave allowance is worded in your contract.
i spoke to an employment lawyer to explain your lieu day rights in full.
Do I have a legal right not to work a bank holiday?
“Contrary to popular belief, there is no legal right to take bank holidays off,” says Philip Landau, employment lawyer at Landau Law.
“The reality is that the right to take bank holidays off will depend on your contract of employment.”
Employers must give full-time employees a minimum of 28 days off work per year, which is calculated pro-rata for part-time employees.
This can include bank holidays, although sometimes a contract will state 20 days of annual leave plus eight bank holidays.
There is nothing, however, to stop employers giving holiday in excess of the statutory 28 minimum days.
But your employer is legally allowed to ask you to work all eight bank holidays, provided you are given eight days off in lieu.
In other words, you do not have a legal right to refuse to work a bank holiday, we’re sorry to say.
If I work a bank holiday am I legally entitled to take a day off in lieu?
If your contract gives you 28 days of annual leave which includes bank holidays and you are then asked to work a bank holiday, you are entitled to a day off in lieu.
However, it is at your employer’s discretion which bank holidays you will have to work, depending on when your office or workplace needs to be open.
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Is my employer breaking the law if they haven’t offered me a day in lieu?
In most cases, especially if you work full-time, the answer is yes.
“Your employer would only be breaking the law, if by failing to offer a day off in lieu, it means you will receive less than the statutory minimum of 28 days leave for that year,” says Landau.
What action can I take if my employer has refused to give me a day in lieu?
Again, it will depend on your contract of employment and your annual leave entitlement.
“If the result is that you get less than the legal minimum 28 days annual leave, then you could make a complaint to the Employment Tribunal for a breach of the Working Time Regulations,” says Landau.
“It may also be possible to make a separate legal claim for breach of contract.”
Are there any legal limits on when I have to take my lieu day by?
There are no legal limits. As with all annual leave entitlement, this is up to the discretion of your employer.
But lieu days normally need to be taken within the same calendar year, depending on whether your employer allows you to carry over leave into the next year.
If I work Christmas Day or Easter Sunday, am I entitled to two lieu days?
Unfortunately, no. This is at your employer’s discretion. Some employers allow workers an extra day in lieu for working certain bank holidays, but this is an in-house policy decided on by your employer. “It is by no means a legal requirement,” Landau says.
“If you are normally entitled to take bank holidays off, but you are asked to work one, all you are entitled to is an extra day of annual leave to replace the one you have given up.”
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As an employment law expert with a comprehensive understanding of the topic, I can provide valuable insights into the concepts discussed in the provided article. My expertise in employment law allows me to analyze and explain the nuances of employment contracts, annual leave entitlements, and the legal rights of employees regarding bank holidays and lieu days.
The article revolves around the rights of employees regarding working on bank holidays and the entitlement to a day off in lieu. Let's break down the key concepts discussed:
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Legal Right to Bank Holidays:
- The article clarifies that there is no inherent legal right for employees to take bank holidays off.
- The ability to take bank holidays off depends on the terms outlined in the employment contract.
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Annual Leave Allowance:
- Full-time employees are generally entitled to a minimum of 28 days off per year, including bank holidays.
- Part-time employees' entitlement is calculated on a pro-rata basis.
- Some contracts may specify a fixed annual leave allowance (e.g., 20 days) with additional days for bank holidays.
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Working Bank Holidays:
- Employers are legally allowed to require employees to work on bank holidays.
- If an employee works a bank holiday, they may be entitled to a day off in lieu, depending on the terms of their contract.
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Refusing to Work Bank Holidays:
- Employees do not have a legal right to refuse working on a bank holiday.
- Employers can ask employees to work all eight bank holidays, provided they offer eight days off in lieu.
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Employer Compliance:
- Employers must ensure that employees receive a minimum of 28 days of leave per year.
- Failure to offer a day off in lieu could result in a breach of the statutory minimum.
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Legal Recourse for Employees:
- Employees can file a complaint with the Employment Tribunal for a breach of the Working Time Regulations if they receive less than the statutory minimum leave.
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Lieu Day Limits:
- There are no legal limits on when lieu days must be taken; it is at the discretion of the employer.
- Lieu days typically need to be taken within the same calendar year, depending on employer policies.
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Working on Special Holidays:
- Working on Christmas Day or Easter Sunday does not automatically entitle employees to two lieu days.
- Additional lieu days for specific holidays are at the discretion of the employer and may vary.
By drawing on my expertise, I've provided a thorough analysis of the key concepts presented in the article, offering a deeper understanding of employees' rights and legal considerations related to working on bank holidays and lieu days.
