WO toolkit 2012 complete.pdf - GMB

SECTION 5.16
16. Am I entitled to bank holidays?
Only bank workers themselves are entitled to bank holidays.For all other workers there is no automatic
right to take bank or public holidays as paid or unpaid leave,or to take time off in lieu.
Any right to do so depends on the terms of your contract.
There may be express terms in your contract giving you a right to time off on some or all bank and
public holidays.
There may also be terms implied by custom and practice.
In some industries it is common for the entire workplace to be shut down between Christmas and New
Year.In others there may be a shut down for two weeks over that period and for two weeks in the
summer,so that all workers take holidays at the same time.In this case your contract may specifically
state that you can only take holidays during shutdowns.
If your employer does allow you to take paid time off on bank holidays,they can count these as part of
the mimimum 4.8/5.6 weeks holiday under the Amended Working Time Regulations.For someone
working a five day-week who is entitled to a minimum of 24/28 days this means that eight of them can
be taken up by bank holidays.
However,as result of pressure from GMB and other unions,the government is increasing the minimum
statutory holiday entitlement under the Working Time Regulations to make sure that all workers
benefit from the eight bank holidays each year.
Although the amended law does not specify that those extra days have to be taken on bank holidays,it
will mean that workers who currently lose out will get the minimum four weeks on top of statutory
holidays.
The new rules are to be phased in; From 1 October 2007,the minimum leave entitlement will increase to
4.8 weeks and then 5.6 weeks from 1 April 2009.Whether or not this additional leave is taken on a bank
holiday is up to individual employers to agree with their workers.
GMB policy is that bank holidays should be separate from the 20 days annual holiday under the
working time regulations.The government has now changed the law to reflect this.
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.