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Scotland is expected to introduce a new bank holiday for 2026 to celebrate the men’s national football team qualifying for the World Cup for the first time since 1998.
First Minister John Swinney has proposed that Monday, 15 June be declared a bank holiday, giving Scots the opportunity to mark this major sporting comeback.
Our clients with employees based in Scotland may be wondering whether they are required to grant staff an additional paid day off on 15 June. Legally, there is no automatic entitlement for employees to take a day off on any bank holiday, or to be paid for it. Whether employees are entitled to this additional holiday depends on the wording of their employment contracts.
If a contract lists specific bank holidays or a set number of days, employers are unlikely to be obliged to grant an extra day for the proposed extra football holiday. However, if a contract states entitlement to “all recognised bank holidays” or similar, employees may have a basis to claim this additional day as paid leave from their employer. Employers uncertain about their contractual obligations should speak to us for advice.
Another consideration is whether to open for business on 15 June. If any employers intend to close the business, in circumstances where the workforce do not have a contractual right to the day off, the employer may choose to grant an extra day of paid leave at their discretion or require employees to use a day from their existing holiday allowance. In the latter case, at least two days’ advance notice would require to be given as a minimum, although earlier communication is recommended, not least when the matter is one attracting press attention.
If any business remains open on the day proposed as the extra bank holiday, employees are still entitled to request annual leave in the usual way. Wherever possible, employers are encouraged to handle such requests flexibly, albeit taking the needs of the business into account when doing so.
Although this JEL alert guidance, and the proposed extra public holiday, applies only to Scottish employers or employers with Scotland-based employees, it serves as a useful reminder for employers across the UK to review the holiday clauses in their contracts to ensure that they reflect business intentions for any similar future situations.
If you have any questions regarding this update, or if we can provide support or assistance on any other employment law matter, please do not hesitate to contact a member of the team on 0141 331 5150.
Topics: Bank Holidays