Following last
year’s Royal Wedding and the
additional days’ bank holiday for
Kate and Will, this year will see
another “extra” bank holiday falling
on Tuesday 5 June to celebrate the
Diamond Jubilee. While most will
take pleasure in an extra day off
work to toast the Queen sitting 60
years upon the throne, employers
need to know where they stand from a
legal perspective.Are
my employee’s entitled to the
“extra” bank holiday?
In a nutshell, this will depend on
what it says in an employee’s
contract of employment.
If the contract is worded “x
days’ holiday, inclusive of bank
holidays” then the employee will not
be entitled to take the extra day’s
bank holiday on top of their annual
leave entitlement. Instead, if they
want to take a days’ leave on that
date, and are able to do so, they
will need to use a day out of their
annual allowance. Similarly, if the
contract specifies which bank
holidays employees are entitled to
in addition to their annual leave
allowance, then they will not be
entitled to this additional day
under their contract.
If, on the other hand, the
contract states that the employee is
entitled to take bank holidays,
(with no specified number) in
addition to a set number of annual
leave days, then they will be
entitled to take the extra bank
holiday in addition to their set
days’ holiday for the year.
Employers should also consider
workplace custom and whether
employees ordinarily receive paid
time off on public holidays. If they
do, then employees may be entitled
to take the additional day this
year.
If my employees do work the
Jubilee, am I obliged to give them
additional pay?
There is no right for employees
to be paid a higher rate of pay on
public holidays unless this is
provided in their contract of
employment. As above, employers
should also take into account any
right which may be deemed to have
become contractual through custom
and practice, for example if
employees have always been paid an
enhanced rate of pay for working
bank holidays.
If there is no contractual right
to receive additional pay on bank
holidays, and it is not usual
practice, then employees will not be
entitled to receive any extra
remuneration for working the
additional day this year.
Practical points
From a practical point of view,
employers should aim to communicate
the Company’s position and
arrangements for the extra bank
holiday to employees clearly and in
good time. If it is going to be
business as usual on Tuesday 5th
June, then employees need to be
aware of this so that those who wish
top request annual leave can do so.
Employees should be made aware that
such requests will e dealt with in
the same way as any usual holiday
requests.
Even if employees are not obliged
to receive the “extra” day off under
their contracts, employers should
consider the impact on morale and
the impact of disgruntled employees
on the business if there is no
operational reason not to give the
extra day off. This thought is
somewhat particularly relevant in
light of the fact that during the
recession, many employment benefits
which may have previously been more
readily available, such as bonuses
and generous pay rises, are much
more difficult to come by. |
