Following the death of Her Majesty Queen Elizabeth II last week, it has been announced that her state funeral will take place on Monday 19 September 2022. To mark the occasion, her successor, King Charles III has announced that Monday 19 September 2022 will be a bank holiday. The bank holiday has been declared in England, Scotland, Wales and Northern Ireland.
Given that there is little over a week between the announcement and the bank holiday itself, many employers may be wondering whether they are obligated to give their employees the day off at such short notice. This, particularly following the additional Jubilee Bank Holiday earlier this year.
The answer to that question will depend on the employee’s working patterns and the wording in their employment contracts.
We summarise below how different wording in the employment contracts will affect how the additional bank holiday is treated for employees:
|
Contractual wording |
Interpretation |
|
“20 days’ holiday per year plus Bank Holidays” |
This wording means that employees have a contractual entitlement to take paid time off on the additional bank holiday as the wording on holiday entitlement in the contract is not limited to the normal/usual bank holidays observed in England and Wales. Therefore, there is a contractual entitlement to paid time off on all bank holidays – including bank holidays which are in addition to those normally observed. |
|
“28 days’/5.6 weeks’ holiday per year” |
Where the contract is silent on bank holidays, or the entitlement is expressed to include bank holiday entitlements, the employee has the ability to book any of the bank holidays, using their 28-day holiday allowance, including the additional bank holiday. However, there is no increase in holiday entitlement as a result of the additional bank holiday. |
|
“20 days’ holiday per year plus 8 bank/public holidays” |
Similar to the wording above, this wording is silent on which bank holidays are included within the employee’s holiday entitlement and therefore an employee has the ability to book the additional bank holiday as paid time off in September 2022. This will, however, mean that the employee will not be entitled to one of the later bank holidays in the year. |
|
“20 days’ holiday per year plus New Year’s Day, Good Friday, Easter Monday, Early May Bank Holiday, Spring Bank Holiday, Summer Bank Holiday, Christmas Day and Boxing Day” |
Where there is a list of bank holidays contained within the contract, the employee will only be entitled to receive paid time off on those bank holidays listed (whether this list is some or all of those usually observed in England and Wales). Employees with such wording in their contract will not automatically be entitled to paid time off on 19 September 2022. |
|
“20 days’ holiday per year plus the usual bank/public holidays observed in England and Wales” |
As the additional bank holiday is not usually observed in England and Wales, employees would not be entitled to take paid time off on the additional bank holiday. They would have to book it as holiday and take it out of their holiday entitlement. |
|
“20 days’ holiday per year plus the 8 bank/public holidays usually observed in England and Wales” |
As above, the bank holidays which are included within the holiday entitlement are listed and therefore there is no entitlement to the additional bank holiday. |
Even where there is no contractual entitlement to take the additional bank holiday as paid time off, we anticipate that, given the magnitude of the occasion, many employers will decide to allow their employees to take the additional bank holiday as a gesture of goodwill, or if that is not possible for business reasons, to provide time off in lieu. In such cases, if you wish to avoid creating a precedent, you may wish to consider using wording when notifying employees such that this is being granted on this occasion, despite the fact that there is no contractual entitlement.
For further advice on holiday entitlement and other employment issues, please contact Ashfords’ Employment team.
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