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Additional bank holiday in 2022: are our employees entitled to an extra day off?

There will be an additional bank holiday in June 2022 to mark the Queen’s Platinum Jubilee. The bank holiday will fall on Friday 3rd June, after the late May bank holiday which will take place on Thursday 2nd June this year.

Many employers are asking: what does the additional bank holiday mean for our employees?

The answer to that question will depend on the employee’s working patterns and the wording in their employment contracts.

Below is a summary of how different wording in 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 June 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 be entitled to paid time off on 2 June 2022 as this is the date the bank holiday referred to as the “Spring Bank Holiday” has been moved too but not the additional bank holiday on 3 June 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 many employers, as a gesture of goodwill, will decide to allow their employees to take the additional bank holiday, or if that is not possible for business reasons, to provide time off in lieu.

For further advice on holiday entitlement, please contact Ashfords’ Employment Team. 

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