Key Takeaways
- Inclusive of bank holidays means your annual leave allowance covers both your ordinary holidays and bank holidays, without extra days for public holidays.
- Employment contracts that specify holiday entitlement as inclusive of bank holidays can cause confusion or disputes if not worded or calculated precisely.
- UK statutory minimum leave is 5.6 weeks per year (typically 28 days for full-time staff). These 28 days often include bank holidays if your contract states so.
- Failing to distinguish between “inclusive” and “plus” bank holidays in your contract can easily leave you with less leave than anticipated.
- If your contract is unclear on bank holidays, or you suspect your leave is short, seek immediate written clarification or use a holiday entitlement calculator to check your rights.
- Poorly drafted bank holiday clauses in contracts escalate the risk of legal claims and confusion—especially for part-time and shift workers.
- Our Go-Legal AI tools help you check holiday entitlement, scan employment contracts, and avoid compliance mistakes before they become costly.
- Go-Legal AI is rated Excellent on Trustpilot with over 170 five-star reviews from satisfied clients.
What Does ‘Inclusive of Bank Holidays’ Mean in a UK Contract? (Simple Examples)
Unsure whether your holiday entitlement covers bank holidays, or if you’re missing out on extra days off? Clarity around “inclusive of bank holidays” is essential—many UK startups, freelancers, and small businesses face unnecessary disputes or find they have fewer days off than expected due to unclear contract wording.
“Inclusive of bank holidays” means your total paid annual leave already includes the usual UK public holidays. If your contract says “28 days inclusive of bank holidays”, you’re entitled to 28 days off in total—not 28 days plus the eight UK bank holidays. When a bank holiday is taken, it’s deducted from your overall entitlement.
Inclusive vs. Plus Bank Holidays: Why This Clause Matters
How your contract is worded significantly affects the number of days off you can actually take. With “inclusive of bank holidays” your leave covers both public holidays and the days you freely choose. With “plus bank holidays”, public holidays are additional to your main entitlement—giving you extra guaranteed paid leave.
| Entitlement Type | Typical Example (Full-Time) | Actual Paid Days Off | Bookable Days (Flexible) |
|---|---|---|---|
| Inclusive of bank holidays | 28 days including 8 bank holidays | 28 days total (bank holidays included) | 20 (after accounting for bank holidays) |
| Plus bank holidays | 20 days plus 8 bank holidays | 28 days: 20 you can book, 8 are fixed | 20 (plus 8 for public holidays) |
How ‘Inclusive of Bank Holidays’ Works for Full-Time, Part-Time & Shift Workers
The effect of “inclusive of bank holidays” hinges on your work pattern:
- Full-time (Monday–Friday): Typically receive 28 days total (including bank holidays). Employers often require you to use eight days for public holidays, giving you 20 flexible days.
- Part-time staff: Holiday must be calculated pro-rata based on your weekly working days. You should not lose out if most bank holidays fall on days you don’t work.
- Shift/irregular hours: Annual entitlement should reflect your average weekly hours, ensuring fair, legal treatment no matter your schedule. Special care is needed to ensure you receive the full 5.6 weeks’ leave.
| Worker Type | Typical Contract Example | Annual Paid Leave Calculation | Main Risk |
|---|---|---|---|
| Full-time (Mon–Fri) | 28 days inclusive of bank holidays | 28 days (must use 8 for public holidays) | Must plan use of remaining 20 days carefully |
| Part-time (Tues/Thurs) | 16.8 days pro-rata (inclusive) | 16.8 days; may miss out if holidays fall on non-working days | Pro-rata miscalculation may lead to under-entitlement |
| Shift worker (varied) | 5.6 weeks based on average hours | Uses a calculator to convert 5.6 weeks | Lack of monitoring could result in fewer paid rest days |
Statutory Annual Leave in the UK: The 5.6 Weeks Rule
In England & Wales, workers have a legal right to at least 5.6 weeks’ paid annual leave per year. For most full-timers, this is:
- 5.6 weeks × 5 days = 28 days’ paid leave.
Employers can include bank holidays within these 28 days or grant them in addition—your contract decides which applies. There is no automatic right to time off for public holidays unless your terms specify so.
Example Calculations: Inclusive of Bank Holidays in Practice
Knowing how your allowance is worked out is vital to avoiding disputes.
Sample Scenarios
- Full-Time (5 days/week):
- Contract states: “28 days inclusive of bank holidays”
- UK standard: 8 bank holidays
- Bookable days: 28 – 8 = 20
- Part-Time (3 days/week):
- Statutory minimum: 3 × 5.6 = 16.8 days (pro-rata)
- If bank holidays mostly fall on days you don’t work, you might receive fewer usable days unless the calculation is fair.
- Shift Worker (varied shifts):
- Entitlement: 5.6 × average weekly working days
- Must cover all shift patterns, regardless of when public holidays actually fall.
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What to Check in Your Contract: Key Clauses for Bank Holidays
Precise contract wording is the best protection against confusion and disputes.
| Clause/Component | What It Means | Why It Matters |
|---|---|---|
| Holiday Entitlement | Specifies total paid leave and how it’s calculated | Tells you if bank holidays are included or extra |
| Bank Holiday Clause | Clearly states status of bank holidays (included, extra, or silent) | Reduces risk of confusion or formal disputes |
| Pro-Rata Explanation | How leave adjusts for part-time or shift work | Critical for fair, lawful treatment |
| Holiday Year Definition | Dates for accrual, resets, and leavers | Ensures calculations are correct for joiners/leavers |
| Days in Lieu | Details if/when alternative rest is given for public holiday work | Protects statutory rights if you work public holidays |
How to Check if Your Holiday Entitlement is ‘Inclusive of Bank Holidays’: Practical Steps
Follow this step-by-step process to ensure your holiday allowance is correct, fair, and legally sound:
- Read your employment contract thoroughly. Look for terms like “inclusive of bank holidays” or “plus bank holidays”.
- Identify your total annual leave figure. Is it 28 days inclusive, or something else?
- Check if bank holidays are deducted from your total. If so, you’ll have fewer days to book freely.
- Request pro-rata calculations if you work part-time or shifts. Ensure you’re not out of pocket if your pattern rarely matches public holidays.
- See if “days in lieu” is mentioned for working on public holidays. You must get a day off in lieu if required to work those days.
- Keep your own records of booked holidays and bank holidays. Always cross-reference with your payslip or HR records for any discrepancies.
- Use our digital holiday calculator for confirmation. Instantly check if your total leave entitlement and contract wording are legally compliant.
Mistakes and Risks with ‘Inclusive of Bank Holidays’ Clauses
Common issues with holiday clauses can have real legal and financial consequences:
- Staff being given less than the statutory minimum leave for their hours or pattern;
- Part-time staff inadvertently missing entitlement if most bank holidays fall on their non-working days;
- Unclear clauses can trigger pay disputes, grievances, or ACAS intervention;
- Employers risk claims for unlawful deduction of wages if alternative days off are not provided for those who work public holidays.
Hidden Differences: Days in Lieu vs. Inclusive Language
Contracts may combine “inclusive of bank holidays” with “days in lieu” for those working on a public holiday—a crucial provision for many sectors.
Checklist: Reviewing or Drafting a Legally Sound Bank Holiday Clause
Protect your rights and your business with this simple review process:
- Is “inclusive” or “plus bank holidays” stated explicitly?
- Does the contract guarantee at least 5.6 weeks’ total leave (pro-rata for part-time/shift workers)?
- Are pro-rata details and work patterns written out in plain language?
- Is there a clear “days in lieu” clause for those required to work public holidays?
- Does it state when the holiday year starts and ends?
- Are holiday pay terms (“normal pay”, overtime/bonuses) clear and compliant?
- Do the clauses reflect current ACAS and GOV.UK HR guidelines?
How Go-Legal AI Makes ‘Inclusive of Bank Holidays’ Simple
- Scan and review your contracts instantly for holiday clause clarity, including “inclusive” or “plus” wording.
- Spot risky, unclear, or non-compliant terms before they cause payroll or tribunal headaches.
- Access 5,000+ lawyer-drafted templates, always updated with the latest ACAS/GOV.UK rules.
- Use our built-in holiday entitlement calculator—just enter hours and work patterns for instant statutory results.
- Get alerts and guidance in plain English for proactive compliance across your business.
- All our services are expert-reviewed, secure, and tailored for businesses with no legal department.
Frequently Asked Questions
What does ‘inclusive of bank holidays’ in my contract mean for my annual leave?
It means your total paid leave covers both your ordinary holidays and all public (bank) holidays. You cannot book additional time off on top for public holidays.
Can bank holidays be counted towards my minimum 5.6 weeks’ allocation?
Yes—as long as your total (including bank holidays) reaches at least 5.6 weeks for your working pattern, this is fully compliant with UK law.
Is including bank holidays within annual leave legal?
Yes, provided staff receive no less than the statutory minimum for their hours worked, and wording is unambiguous.
How can I be sure I’m getting my legal minimum leave?
Add up your total entitlement. For full-time, it should be at least 28 days (if inclusive). For part-time or shift patterns, multiply weekly working days by 5.6 or use our calculator.
My contract doesn’t mention bank holidays. What should I do?
Request written clarification from your employer. If you’re still unsure, our contract review tool instantly flags unclear or missing terms.
Can part-time employees miss out with “inclusive” clauses?
Not if entitlement is pro-rated correctly. Issues arise only if leave isn’t fairly adjusted for typical working patterns.
Can my employer require me to work on bank holidays?
Yes, if it is permitted in your contract, but you must be given a day in lieu so your paid leave meets the minimum legal standard.
How do I calculate pro-rata holiday if I rarely work on bank holidays?
Multiply your usual weekly days or hours by 5.6, then check your contract for bank holiday terms. Use our calculator for reliable results.
What if I think I’ve been short-changed on holiday pay?
Raise the issue in writing to your employer, using your calculations as evidence. If unresolved, our contract review tool and template letters help you strengthen your case before contacting ACAS.
Shift worker with “inclusive” leave—am I entitled to a day in lieu for bank holidays worked?
Yes, if your contract includes a “days in lieu” clause. Otherwise, push for its addition to secure your full statutory rights.
Get Clarity on Your Bank Holiday Leave Today
Understanding “inclusive of bank holidays” protects your legal right to paid leave and ensures smooth, fair staff relations. The actual number of usable days off depends entirely on contract wording and proper calculation. Failing to clarify or accurately state these terms exposes both employers and employees to disputes, claims, or unhappy teams—risks that are easily avoided with clear, legally sound agreements.
Our Go-Legal AI platform takes the guesswork and risk out of employment contracts. Use our contract review tool and step-by-step holiday entitlement calculator to instantly check compliance, clarify ambiguous terms, and bring peace of mind to your business.
Start your free check now with Go-Legal AI and ensure every contract meets the gold standard in UK employment law.
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