Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
December can be a brilliant trading period for small businesses - but it can also be a minefield for staffing, rotas and holiday entitlement.
One question we hear a lot at this time of year is whether Boxing Day is a bank holiday in the UK, and what that actually means for employers.
The short version is: yes, Boxing Day is generally a bank holiday - but bank holiday status doesn’t automatically mean employees are entitled to have it off. What matters most is your employment contract wording, your holiday policy, and how you apply it consistently.
Below, we’ll walk through what you need to know (without the legal jargon), including how Boxing Day works when it falls on a weekend, whether you have to pay extra, and how to manage leave requests fairly.
Is Boxing Day Classed As A Bank Holiday In The UK?
In most of the UK, Boxing Day (26 December) is classed as a bank holiday. That’s why it’s common to see businesses close, reduced public transport services, and limited deliveries.
However, the key thing for employers is that bank holidays are separate from statutory annual leave. The fact that a day is a bank holiday doesn’t automatically mean your employees have a legal right to take it off (or to be paid extra if they work it).
What If Boxing Day Falls On A Weekend?
Boxing Day doesn’t always fall neatly on a weekday. When it falls on a Saturday or Sunday, a “substitute” (or “observed”) bank holiday is usually given on the following weekday (often the Monday or Tuesday).
This is where businesses can get caught out, because employees may assume they’re entitled to the “real” date and the substitute date - or neither. The correct answer depends on:
- which day is formally designated as the bank holiday that year, and
- what your contract and holiday policy says about bank holidays and non-working days.
If you have staff who don’t usually work Mondays (or whichever day becomes the substitute), you’ll also want to think about whether that affects their entitlement. This issue comes up a lot - especially for part-time staff and shift workers - and it’s worth having a clear policy so you don’t end up dealing with disputes later. For a deeper breakdown of the “my normal day off falls on a bank holiday” problem, see Bank Holiday Entitlement.
Does The Answer Change In Scotland Or Northern Ireland?
Potentially, yes. Bank holidays can differ across the UK (particularly in Scotland and Northern Ireland, which has additional bank holidays). Boxing Day is widely recognised, but if you operate across borders - or employ remote staff based in different parts of the UK - it’s sensible to confirm which bank holidays you follow.
Good practice is to state clearly in your contracts and holiday policy whether you follow:
- England & Wales bank holidays,
- Scottish bank holidays,
- Northern Ireland bank holidays, or
- the bank holidays applicable to the employee’s normal place of work.
Does A Bank Holiday Mean You Must Close Your Business?
No - you don’t have to close just because it’s Boxing Day.
Many small businesses stay open on 26 December (or the substitute day), especially in:
- hospitality (cafes, pubs, restaurants)
- retail and e-commerce fulfilment
- health and care services
- security and facilities management
- transport and logistics
The real question is whether you have the contractual right to require staff to work, and whether you’ve managed expectations fairly.
Check Your Contracts First
If your contracts say employees are entitled to “all bank holidays off”, then requiring them to work Boxing Day could breach contract unless you agree a change.
If your contracts say something like “your holiday entitlement is 28 days inclusive of bank holidays”, then you usually have more flexibility to roster staff on bank holidays (as long as they still get their full leave entitlement overall).
This is why having a properly drafted Employment Contract can save you a lot of stress - vague wording in December often turns into messy disputes in January.
Are Employees Entitled To Have Boxing Day Off (And Is It Paid)?
This is where many employers get tripped up, so let’s make it simple.
Under the Working Time Regulations 1998, most workers are entitled to 5.6 weeks of paid annual leave each leave year (that’s 28 days for a full-time worker working 5 days per week).
But importantly:
- There is no automatic legal right to take bank holidays off.
- Employers can include bank holidays within the 5.6-week entitlement.
- Whether Boxing Day is “off” is mainly a contractual question.
Common Contract Wordings (And What They Usually Mean)
Here are a few typical phrases and how they tend to operate in practice:
- “20 days plus bank holidays” - employee usually gets bank holidays off in addition to 20 days, giving 28 total.
- “28 days inclusive of bank holidays” - bank holidays are counted within the 28-day statutory minimum.
- “Bank holidays as required by the business” - employee may be required to work some bank holidays (with time off at another time), depending on the rest of the contract and any workplace policy.
If you’re dealing with unclear wording, it’s worth understanding what “inclusive” really means in an employment context. This is a very common source of misunderstandings, especially for new hires. You can see how this wording is typically treated in Inclusive Of Bank Holidays.
What About Part-Time Staff?
Part-time employees should receive holiday entitlement on a pro-rata basis, and you need to be careful that the way you treat bank holidays doesn’t indirectly disadvantage them.
For example, if you automatically deduct a bank holiday from everyone’s entitlement (even if they never work that day), part-time staff can end up receiving proportionally less leave overall.
Many employers deal with this by:
- giving part-time staff a pro-rated “pot” of holiday hours/days, and
- deducting time only when the employee is actually absent from work due to a bank holiday that falls on one of their normal working days.
There isn’t one perfect method - but consistency and clarity are crucial.
Do You Have To Pay Extra If Employees Work On Boxing Day?
Not automatically.
There is no general legal requirement to pay enhanced rates just because someone works a bank holiday (including Boxing Day). Whether you pay time-and-a-half, double time, or standard pay depends on:
- the employment contract
- any applicable workplace policy (e.g. a staff handbook)
- custom and practice (i.e. what you’ve consistently done in previous years)
That said, even if you don’t offer enhanced rates, you still must comply with core rules such as:
- paying at least the National Minimum Wage / National Living Wage for hours worked
- following working time rules on rest breaks and weekly rest
If Boxing Day staffing pressures mean longer shifts or more overtime, it’s worth checking you’re still aligned with the Working Time Regulations (including maximum weekly working hours and opt-outs). For more detail, see Working Time Regulations.
Time Off In Lieu (TOIL)
Some businesses offer TOIL instead of enhanced pay - for example, “work Boxing Day and take another day off later”.
This can work well, but it should be clearly set out in writing so there’s no confusion about:
- how TOIL accrues (hour-for-hour, or enhanced)
- when TOIL can be taken
- whether TOIL must be used within a certain timeframe
Be careful not to let TOIL arrangements become informal promises that are hard to manage (or feel unfair across teams).
Can You Refuse Leave Requests Around Boxing Day?
Often, yes - provided you handle it correctly and fairly.
Employers can generally:
- approve or refuse holiday requests based on business needs, as long as they give the required notice when refusing a request, and
- require employees to take leave on specific dates, as long as they give proper notice.
For statutory annual leave, the usual notice rules are that a worker should give notice of at least twice the length of leave they’re requesting, and an employer who wants to refuse a request should give notice at least equal to the length of the leave requested (unless your contract allows different notice requirements). If you want to require staff to take leave on particular dates, the usual rule is you should give notice at least twice the length of the leave you’re requiring (again, unless your contract provides otherwise).
For many small businesses, Boxing Day and the surrounding period is a “peak trading” window, so it’s normal to restrict leave. The key is to make sure your approach is consistent and communicated early.
Setting Rules In Advance (So You’re Not Firefighting Later)
To avoid last-minute conflict, consider setting a written holiday policy that covers things like:
- deadline dates for Christmas/Boxing Day leave requests
- how you decide between competing requests (e.g. first-come-first-served, rotation, seniority, or a fair split)
- any “blackout dates” where leave won’t be approved
- minimum staffing requirements
Employers often ask whether they’re allowed to direct when leave is taken (including requiring some leave during quiet periods to keep entitlement under control). This is possible in many cases - but you want to do it by the book to avoid grievances. A helpful starting point is Dictating Holidays.
Be Careful With Discrimination Risks
Boxing Day is not a religious holiday, but the wider Christmas period can still trigger discrimination risks if you aren’t careful. For example:
- staff of different religions may request leave at different times of year
- some employees may have caring responsibilities that affect availability during school holidays
- disabled employees may need adjustments to shift patterns
You don’t have to approve every request - but you should be able to justify your decisions using clear business reasons, and apply your process consistently across the team.
How Should Boxing Day Be Written Into Your Employment Contracts And Policies?
If you want to avoid confusion year after year, the best place to start is your paperwork.
From a small business perspective, a solid approach is to ensure your contract and policies clearly answer these practical questions:
- Is Boxing Day (and other bank holidays) included in annual leave entitlement, or in addition to it?
- Can you require employees to work bank holidays?
- If an employee works Boxing Day, do they get enhanced pay, TOIL, or standard pay?
- What happens when Boxing Day is observed on a substitute day?
- How are bank holidays treated for part-time staff?
Why Clarity Matters (Even If You’re A Tiny Team)
When you’re running a small business, it’s tempting to rely on “common sense” and informal arrangements. But bank holidays are exactly the type of issue that can damage morale quickly - especially when some staff feel they’re carrying the load while others always get the best days off.
Even worse, if you’ve been doing something one way for years (for example, always giving Boxing Day off as paid leave in addition to annual leave), employees may argue it has become an implied term through custom and practice. That can make it harder to change later without agreement.
If you’re reviewing or updating your documents, it’s worth making sure your holiday terms align with the rest of the relationship - including pay, overtime, and working hours - and that your team receives the updated terms properly.
Changing The Rules
If your current contracts promise all bank holidays off, but your business now needs to trade on Boxing Day, you generally can’t just announce the change and enforce it.
Usually you’ll need to:
- consult with staff, explain the business reasons, and try to reach agreement
- consider offering something in return (e.g. enhanced pay, TOIL, or another benefit)
- issue updated written terms once agreed
This is an area where getting advice early can prevent expensive disputes later.
Key Takeaways
- Yes, Boxing Day is classed as a bank holiday in most of the UK - but bank holiday status doesn’t automatically give employees the legal right to take it off.
- Your employees’ entitlement to have Boxing Day off (and whether it’s paid) usually depends on contract wording and any holiday policy you apply.
- You don’t generally have to pay extra for working Boxing Day, unless the contract or established practice says otherwise - but you must still comply with minimum wage and working time rules.
- Be especially careful with part-time staff and substitute bank holidays, so your approach remains fair and consistent.
- If you need staff to work Boxing Day, plan ahead: set expectations early, manage leave requests consistently, and make sure your contracts support your operating model.
If you’d like help reviewing your holiday clauses, updating your policies, or putting clear terms in place for bank holiday working, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


