On the weekend following the proclamation by King Charles III the 19th of September, 2022 will become an additional day of rest for the UK in order to allow the general people to attend the funeral services of Queen Elizabeth II.
Contrary to the extra bank holiday that was an element of Queen’s Jubilee celebrations earlier this year, employers are given only some days to consider the best way to let employees take this holiday. For certain employers, it may not be feasible to allow this.
The main questions that employers must ask are:
Does it violate the law that employees must have the days off?
The bank holiday is permitted to be granted by the UK Government, but is not a requirement for employers and doesn’t constitute an added holiday entitlement in addition to the 5.6 weeks of annual leave granted to employees in accordance with the Working Time Regulations 1998. According to UK legislation on work, employers are not required to give the day as a holiday.
What are the rules for employment contracts?
The words in employee contracts of employment will decide whether employers are allowed to take a day off. Contracts that mention the right to be able to take “all public or bank holidays” for instance can restrict employers’ rights. Contracts that refer to “the usual public or bank holidays” do not apply, since it can be an extra holiday declared under special circumstances and not among the “usual” 8 bank holidays that are available within England and Wales throughout the year. Employers must examine the terms of their agreements and remain aware of the way they are written.
What does the guidance of the government provide?
It is true that the UK as well as the Welsh Governments have issued guidance regarding the extra bank holiday. However, the guidance isn’t particularly detailed which means it is the responsibility of employers to decide how they will handle this issue, depending on their employment contracts and business requirements. Employers have a variety of options:
- Let the bank holiday be viewed as a one-time extra day of paid time off;
- Allow employees to choose between taking this leave out of their current annual leave entitlement, or taking it as non-paid leave.
- Request staff to work on during the bank holiday, but take into consideration whether they are granted an extra break or extended lunch breaks to view the Queen’s funeral or
- Don’t permit that the holiday weekend to be used in any way if the requirements of your company aren’t able to accommodate this.
No matter what approach is used Employers should be aware that emotions will likely be high regarding this issue, and the communication with staff regarding it must be handled with care also, which is required in the law of employment and in a fair manner.
