The date will be Monday, 8 May 2023, which is in addition to the bank holidays already scheduled for Monday, 1 May and 29 May.

There is no statutory right for employees to take time off on bank and public holidays (other than bank employees who cannot be required to work on bank holidays under the Banking and Financial Dealings Act 1971).

Employers are not obliged to allow employees to take time off on bank holidays and public holidays unless they have contractually agreed to do so. Similarly, existing contractual terms may determine whether or not the employer can require an employee to work on bank holidays and public holidays and the rate of pay that will apply.

Where the employment contract states the right to an agreed number of paid holidays plus eight public holidays, the employee would not be eligible for time off on 8th May. Other contracts might state a fixed number of paid days including public holidays, in which case the employee would need to take 8th May out of their existing holiday entitlement.

In some cases, the contract may be silent on the matter of bank holidays, and in this scenario, you should bear in mind how you have previously dealt with bank holidays, to ensure a consistent approach and consider whether this has now become implied into the contract through custom and practice. 

It is probably stating the obvious to say that, for these one-off occasions, employers should be mindful of the goodwill they receive back by announcing a paid day off for all staff.

If you have any questions on bank holidays and updating your current policies, please email hr@triviumlc.co.uk.