In England and Wales, there are normally eight bank holiday days.
Whilst there is no statutory right to paid public holidays, the employer is required to meet the Working Time Regulations 1998, by providing a total of 5.6 weeks holiday (28 days).
In 2022, we have seen an additional number of bank holidays, to mark the Queen’s Jubilee and now a further day to mark the Queen’s Funeral just announced to take place on Monday 19th September 2022. Employers will need to consider how they treat this day.
Depending on the wording of the employment contract, will determine whether the employee can have an additional day off. It is not an automatic right.
HR Consultant, Georgiana Bellenger, wrote earlier in the year, the impact of the additional bank holiday in respect of the employment contract.
‘WHAT IS IN THE EMPLOYMENT CONTRACT?
The specific terms relating to public holidays are usually found in the employment contract. In the majority of cases a contract will state either:
- a fixed number of days’ holiday plus bank holidays (e.g. ‘20 days plus bank holidays’), or
- a fixed number including bank holidays (’28 days annual leave’).
The former usually means that bank holidays will be given as standard days off, whereas the latter typically means bank holidays will be working days and that equivalent time off will be given another time.’
Employers should therefore start to plan how they will operate following the announcement of the bank holiday on 19th September, and consider the following:
- Will your business remain open?
- What does your employment contract say about bank holidays?
- Will you give paid leave/unpaid leave?
- How will you communicate your decision to your employees?
- What if employees call in sick? This may impact your operation if you publish you are open for business. You may want to consider going with the majority.
The employer should consider the impact on their employees, given the nature of this memorial event. In these challenging times an additional day off may help to support employee wellbeing and show that the employer values their people.
If you would like to discuss any of the above please contact the Nockolds HR team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.