Harriet PriceWith two May bank holidays coming up in England and Wales — Monday 4 May and Monday 25 May 2026 — millions of workers are asking the same question: am I entitled to paid time off, and what happens if my employer asks me to work? The answers are less straightforward than most people expect, and getting them wrong can cost you.
The Two May Bank Holidays in 2026
England and Wales has two public holidays in May this year:
- Monday 4 May — Early May bank holiday
- Monday 25 May — Spring bank holiday
Both create three-day weekends, making them among the most anticipated breaks of the year for workers and their families. Scotland and Northern Ireland have slightly different arrangements, so always check your jurisdiction.
Do You Have an Automatic Right to Paid Time Off?
This is where many employees are surprised. No, there is no automatic legal right to paid time off on a bank holiday under UK employment law. Your entitlement depends entirely on your employment contract.
Under the Working Time Regulations 1998, all workers are entitled to a minimum of 5.6 weeks of paid holiday per year (28 days for a full-time employee). Bank holidays may be included within that 5.6 weeks, or granted in addition to it — the contract determines which.
- "25 days annual leave plus bank holidays" → You get bank holidays on top of your 25 days. If you're required to work, you must receive a day in lieu or additional pay as agreed.
- "33 days annual leave" → Your 8 bank holidays are almost certainly included in that figure. Your employer can ask you to work on a bank holiday without any automatic premium.
According to GOV.UK, if you are unsure, check your contract or ask your HR department. If your contract is silent on the matter, your employer's established practice — what has always happened before — is strong evidence of what you're entitled to.
What If You're Asked to Work?
Your employer can require you to work on a bank holiday if your contract allows it. There is no legal right to refuse working a bank holiday. However, your employer cannot force you to work without paying your contracted rate.
Crucially, there is no statutory requirement for premium pay (time-and-a-half, double time) on bank holidays. Any enhanced rate must be agreed in your contract or collective agreement. If your contract is silent, you receive your normal pay — no more.
That said, many employers offer premium rates or time off in lieu (TOIL) as a matter of practice or goodwill, especially in sectors like retail, hospitality, and healthcare. If you've received this in previous years, a reasonable argument exists that it has become a contractual custom — which is precisely the kind of nuanced employment law question a specialist solicitor can help you navigate.
Zero-Hours Workers: What Are Your Rights?
Zero-hours workers often believe they have no bank holiday entitlements. This is a misconception. Under UK law, zero-hours workers accrue the same 5.6 weeks of annual leave as other employees — calculated at 12.07% of all hours worked.
From 6 April 2026, the Employment Rights Act 2025 introduced a new obligation requiring employers to keep detailed records of holiday entitlement and pay for all workers, including zero-hours. This is a significant change that strengthens your ability to claim what you are owed.
If you're on a zero-hours contract and your employer has never properly calculated your holiday pay, the new rules — combined with a potential backdated claim — could represent meaningful money. You have three months from the date of the underpayment to bring a claim at an Employment Tribunal.
Part-Time Workers and Proportional Rights
Part-time employees are protected by the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. You cannot be treated less favourably than a comparable full-time worker in relation to bank holidays.
If full-time colleagues automatically receive bank holidays off, part-timers must receive a proportional equivalent. For example, if you work three days a week (60% of full time), you are entitled to 60% of bank holidays — roughly 4.8 days. If a bank holiday falls on one of your working days, you should receive a day's leave or equivalent payment.
Changes Under the Employment Rights Act 2025
The Employment Rights Act 2025 — which came into force progressively from early 2026 — introduces several protections particularly relevant around bank holidays:
- New record-keeping obligations for holiday pay (effective 6 April 2026)
- Strengthened zero-hours contract rights, including a right to reasonable notice of shifts
- Day one rights for unfair dismissal claims are being phased in — meaning dismissing an employee for asserting their bank holiday rights carries greater risk for employers
These changes have made employment law around leave and pay more worker-friendly than at any point in the past decade.
When Should You Speak to an Employment Lawyer?
Most bank holiday disputes can be resolved by reading your contract carefully and having a direct conversation with HR. But you should consider taking specialist advice if:
- Your employer refuses to pay holiday pay already owed to you
- You've been asked to work without any agreed compensation or lieu day
- You're on a zero-hours contract and believe your holiday accrual has been miscalculated
- You've been threatened with disciplinary action for asking about your entitlements
A solicitor specialising in employment law can review your contract, advise on your prospects at tribunal, and often resolve disputes without any formal proceedings. Many offer a free initial consultation.
With Expert Zoom, you can find vetted employment law solicitors across the UK who understand the 2026 legislative changes and can give you clear, practical advice — so you spend May bank holidays relaxing, not worrying. For more on recent changes to bank holiday rights, see our guide on Easter Bank Holiday 2026 worker rights.
This article reflects UK law applicable to England and Wales as of April 2026. It does not constitute legal advice. For advice specific to your situation, consult a qualified employment solicitor.
