Employees will not have a statutory right to time off on Monday, 19th September 2022 for the Queens Funeral. Whether or not employees are entitled to the bank holiday will be dependent on the wording of their contracts of employment.
For example, if their employment contract says that they are entitled to X days of annual leave inclusive of bank holidays or X days of annual leave plus the usual 8 UK bank holidays (in England and Wales), they will not be entitled to the additional bank holiday. Furthermore, if the employment contracts specify which or what number of bank holidays are included, the employees will not be entitled to the additional bank holiday.
If, however, their employment contracts state that their annual leave entitlement is “X days plus bank holidays”, then they will be entitled to the extra bank holiday.
What do you need to do if your employees are entitled to the extra bank holiday?
If your employees are entitled to the extra bank holiday, then you will need to give them the extra day’s leave.
You have the following options:
- Keep your business open on the extra bank holiday and provide your employees with a day off in lieu at another time. If you do expect your employees to work on that day, you should make sure you have the contractual right to require them to work on a public holiday or
- Close your business for the day and give your employees the additional bank holiday.
What are your options if your employees are not entitled to the extra bank holiday?
- Open your business on the bank holiday and require your employees to work as normal. (If you decide to keep your business open on the bank holiday and require your staff to work, your employees could still submit a request for holiday on that day as part of their normal annual leave entitlement);
- Close on the day of the bank holiday and, as a gesture of goodwill, grant your staff an extra day’s paid leave on a discretionary basis; or
- Open your business on the bank holiday and provide your employees with time off in lieu if employees are required to work.
It is important to consider employee relations. If employees usually have bank holidays off (or are paid a “bank holiday” rate), they are likely to expect the same to apply for the bank holiday for the Queens Funeral. Even if they are not entitled to it in accordance with their contract, not giving the extra day off is likely to be badly received by your employees.
It is very important that you review your employment contracts very carefully before making any decisions regarding the upcoming bank holiday. If you would like any assistance regarding this or would like to have a chat, please contact us at 03300 414589 or email us at hello@effective-hrm.co.uk.
DISCLAIMER: The article is provided for general information purposes only and does not constitute legal or other professional advice. While the information is considered to be true and correct at the date of publication, changes in circumstances may impact the accuracy and validity of the information. EffectiveHRM is not responsible for any errors or omissions, or for any action or decision taken as a result of using the guidance.