This year, there will be an another bank holiday in order to commemorate the queen’s Platinum Jubilee, meaning there will be 9 instead of 8 bank holidays in 2022. Numerous employers have asked if employees will be automatically entitled to an additional day off in 2022.
There is no legal right to an additional bank holiday, and the decision is contingent on the terms of the employee’s contract of employment. Employers considering informing staff that they won’t be eligible for the extra bank holiday should examine the language of the contract to make sure that you are complying to its provisions.
The contract could or might not state that the right to holidays on bank holiday days is restricted to the usual 8 bank holidays. For instance, if an contract of employment states that employees are entitled to:
- X days of holiday and holiday bank days Thismeans the employee is entitled to the additional day off. The contract wording will cover every bank holiday, and not only the standard 8.
- The fact that X days of vacation in addition to the normal banking holidays Thismeans that the employee won’t be automatically entitled to an additional day of vacation since the additional bank holiday of the Jubilee is not likely to be considered an “usual” bank holiday.
- of holiday and 8 holidays Thismeans that the employee won’t have the right to an additional day of vacation. The contract clarifies that the entitlement is limited to eight bank holidays.
- Days of vacation including the bank holiday (i.e.this will not result in any automatic rights to an additional day of vacation entitlement since the amount of days are clearly stipulated in the contract, including bank holidays.
If the employee isn’t legally entitled to an added day off Employers are still able to make a decision on their own to grant an additional holiday to their employees.
Other things to think about
working on holidayseven when an employee might have the right to take an extra holiday in accordance with the language on their employment contract it doesn’t mean employees are entitled to take a day off from work between the 2nd and 3rd of June, 2022. In many sectors, bank holidays are the busiest time for businesses and it is normal for employees to work on bank holidays. This might require employers to allow employees to have days off at a different time. If the extra bank holiday is over the limit of the minimum holiday entitlement required by law pursuant to the Working Time Regulations 1998 (WTR) In this case, consideration may be considered to make payments to employees for the extra day.
The pay rate for work on holidaysIf employees are entitled to an extra bank holiday as per their contract of employment It is probable that when they work during these times, the higher rate of pay that they earn to work on holidays will be applicable. If there isn’t any automatic right to an extra weekend, an employer could be able to decide whether increased rates for working on holidays are applicable. A careful consideration should be given to relevant clauses in the contract.
Part-time employeesThe position of a part-time employees is exactly identical to that of full time employees, except that the entitlements of both types can be determined on a pro-rata basis. Employees who are not working on Fridays shouldn’t be denied the extra day due to their work schedule and this could violate the laws safeguarding part time employees.
What can employers do?
A lot of employees, particularly those who typically do not take bank holidays, might think that they automatically have the right to an extra holiday this year. Therefore, it is crucial for employers to determine their strategy and explain this to their employees as early as they can.
If employers plan to refuse the bank holiday in addition It is essential to give thought to the impact on the morale of staff, especially in a time where many firms are struggling to attract and keep their employees.
Employers may inform employees that they do not have the right to an additional day of bank holiday, but that their business will remain closed 3 June 2022. In this situation, employers must to notify employees of the need to take the day off of their normal holidays on the 3rd of June.
According to the WTR it is required that at least two days notice must be given to allow one day of vacation. However, the contract of employment might allow for a longer time and it is a good practice to provide the most notice you can.
Employers who plan to allow employees to take an additional bank holiday even though their employment contract doesn’t allow for this, it’s an ideal chance to explain to employees that they’ve been granted another benefit at the sole discretion of their employer.
The author’s name: Nicola Smyrl is a partner at Taylor Walton’s Luton Office of Taylor Walton and assists employees and employers on a variety of employment-related issues with a particular focus on the law of discrimination and immigration for business.