With Scotland returning to the men’s football World Cup for the first time since 1998, the country is set to mark the occasion with a one‑off national bank holiday on Monday 15 June 2026, the day after Scotland’s opening match against Haiti. As the match kicks off at 2am UK time, the Scottish Government - following approval by His Majesty The King - has confirmed the additional bank holiday to allow the nation to celebrate Scotland’s return to the world stage. This raises some key questions for employers in Scotland to consider ahead of the tournament period.

Do we need to give workers the extra day’s holiday?

No statutory right to public holidays

Any public holidays you give can count towards workers' 5.6 weeks' statutory minimum holiday entitlement. However, workers don't have a statutory right to time off on specific public holidays.

Express contractual right?

A worker’s entitlement to a day off on 15 June 2026 will depend on terms of their contract. For example, workers in Scotland would be entitled to an extra public holiday on 15 June 2026 if their contracts say: "In each holiday year, you will be entitled to [X] days' paid holiday, in addition to all public holidays."

They would not, however, be entitled to an extra day’s holiday if their contract states which specific holidays (or how many) you recognise, or that all public holidays are included within their total holiday entitlement.

Implied contractual right?

There is unlikely to be an implied contractual right to additional public holidays such as 15 June 2026 as they are ‘one-off events’ and arise so infrequently.

If a worker is entitled to take 15 June off, can we insist that they work on that day?

If a worker is contractually entitled to take 15 June off, you cannot insist that they work on that day. However, you could ask them to work, and they may be willing to do so, especially if you offer an incentive such as additional pay or time off in lieu.

There may be some wording in the contract such as “to meet business needs, we may require you to work on any public holiday". In this case, you could insist on them working, although you should act reasonably (e.g. have a 'business reason' for asking them to work and give appropriate notice) and ensure that workers get at least the minimum 5.6 weeks' statutory paid holiday entitlement.

If a worker works on the extra bank holiday, are they entitled to a higher rate of pay?

Unless the contract specifies otherwise, you do not need to pay a higher rate of pay (such as ‘double time’) for working on a public holiday, although you may decide to do so as a matter of goodwill.

What should we do if we want to give the day off as a goodwill gesture?

If workers are not entitled to the extra public holiday, but you plan to close your business for the day or otherwise grant a day off as a goodwill gesture, ensure that workers understand that this is a one-match friendly, not a permanent fixture. Make it clear that it will only apply in this particular leave year, and that there is no expectation that any future additional bank holidays will be observed.

Do we need to notify workers about the additional bank holiday?

Confirm your position on whether workers are entitled to the bank holiday on 15 June 2026, or you intend to grant the extra day off, as soon as possible. Early communication should ensure that workers who are not entitled to time off have an equal opportunity to submit a leave request and plan accordingly.

Remind workers of your holiday request procedure. In addition, given that the World Cup period may lead to other HR issues such an increase in unauthorised absences and harassment resulting from team rivalries, it would be good practice before the start of the tournament to highlight other key workplace policies and codes of conduct e.g. those relating to sickness absence, equality, inclusion and diversity, and IT and social media.

Do we need to agree to all requests for time off on 15 June?

If your workers do not have the right to time off on 15 June, and you are not giving it as a gesture of goodwill, you may receive a number of holiday requests. You are entitled to refuse a holiday request in accordance with any notice rules in the contract or, if there are none, by giving as much notice as the length of holiday you are refusing.

When assessing competing requests for time off, be consistent and bear in mind the potential discrimination risks. For example, approving a request from a Scotland supporter but refusing a similar request from someone supporting a different national team could, depending on the facts, risk race discrimination.

Workbox by Brodies

Workbox by Brodies subscribers can access detailed guidance on holidays and holiday pay here. If you would like to find out more about Workbox and how it can benefit your business, please contact our Workbox team.

Contributors

Julie Keir

Practice Development Lawyer

Miguel Chui

Trainee Solicitor