Everyone loves a bit of a knees-up and this year the Queen celebrates her Platinum Jubilee. So, it’s time to break out the party hats as an extra bank holiday has been granted to mark the celebrations.
However, that extra day may prove a headache for employers, who need to ensure all aspects of their business are still covered. They also need to make sure contractual employment entitlements are not breached and staff know what time off they are entitled to.
The additional bank holiday in 2022 is on Friday 3 June, but the question is, who is entitled to that extra day off?
The extra day has been combined with moving the late spring bank holiday from May to 2 June, with the extra day on the Friday giving many workers the prospect of a four-day weekend.
Not everyone gets the day off as companies need to assess the needs of their business, while essential workers and shift workers often have to work but are often compensated with time off in lieu (TOIL).
If working bank holidays is mandatory in your business the terms should be outlined in your employment contracts.
By law, staff are entitled to 5.6 weeks’ paid holiday (‘statutory annual leave’) a year.
20 days = 4 weeks
+ 8 days (which can be the year’s bank holidays) = 1.6 weeks
Your 5.6 weeks’ statutory annual leave entitlement might include bank holidays, depending on your contract.
If you work part time, you’re still entitled to 5.6 weeks’ paid holiday, just in proportion to the hours you work (‘pro rata’).
What are staff entitled to for bank holidays:
• They get the extra day if their contract states – 20 days holiday plus bank holidays
• Staff in England and Wales are not entitled to the extra bank holiday if their contract states – 20 days holiday plus 8 bank holidays
• In Scotland they are not entitled to the extra bank holiday if their contract states – 20 days holiday plus 9 bank holidays
• Workers are not entitled to the extra day if their contract states – 28 days or 5.6 weeks which includes bank holidays.
Pay and TOIL for those working bank holidays
There is no legal obligation to offer additional pay for working on a bank holiday. Often employers will offer increased rates plus time off in lieu (TOIL). Time and a half, plus a day off in lieu can make working Bank holidays attractive to some.
Inform staff and review contracts
Make sure staff are kept fully informed of what they are entitled to.
It is also vital to make sure employment contracts are up to date and comply with any law changes.
Although not all employees will have an automatic entitlement to the extra day, many employers will award it as a goodwill gesture.
For help and advice on related matters, please contact our expert team.