Long-term sickness dismissal: payment in lieu of bank holidays
Read full title
Published by a
LexisNexis Employment expert
Q&As
The answer turns on:
- what the contract of employment says about bank or public holidays
- whether any right is contractual rather than statutory, and whether the contract bars payment in lieu of contractual leave on termination
Whether there is a right to bank or public holidays
Under the Working Time Regulations 1998 (SI 1998/1833), workers get 5.6 weeks’ paid leave a year: four weeks plus 1.6 weeks. There is no statutory right to paid time off on public or bank holidays; this depends on the contract’s express or implied terms (Campbell & Smith v Greenwood). If an employer specifies “X days plus bank and public holidays”, that creates a contractual right, including any extra bank holidays announced that year.
Effect of sickness absence
If bank holidays fall within the 5.6‑week statutory pot, any that coincide with sickness accrue and can be taken later. If bank holidays are given in addition to the 5.6 weeks, any day in lieu for a missed bank holiday will usually depend on the contract, as public holidays do not accrue by statute.
Entitlement on termination
On termination, Regulation 14 gives payment in lieu of untaken statutory leave; additional contractual leave can be excluded by contract...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 27/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
