Following the deeply saddening news of Queen Elizabeth II’s passing on 8th September, a period of national mourning is now in place until the day of the Queen’s funeral on Monday 19th September 2022.
Whilst we mourn the Queen’s death and celebrate her remarkable life during this time, employers will need to plan ahead, namely in respect of the additional bank holiday announced by King Charles III for the day of the Queen’s funeral.
Are my employees entitled to have extra bank holiday for the Queen’s funeral?
Employees will not have an automatic right to time off (paid or otherwise) on this additional bank holiday. Whether or not they are entitled to the bank holiday will be entirely dependent on the wording of their contracts.
For example, if their contracts state that their annual leave entitlement includes “the usual or standard bank holidays” or specifies which or what number of bank holidays are included, they will not be entitled to this additional bank holiday. This will also be the case if their contracts are silent regarding bank holiday entitlement.
If, however, their contracts state that their annual leave entitlement is “X days plus bank holidays”, then they will be entitled to the additional day’s leave.
What do I need to do if my employees are entitled to the extra bank holiday?
If, after reviewing the wording of their contracts, your employees are entitled to the extra bank holiday, then you will need to give them the extra day’s leave.
This can be done by either:
- Closing the business for the day and giving your employees the additional holiday; or
- Opening on the extra bank holiday day and then providing your employees with a day off in lieu at another time.
Although the first option will be more attractive to employees, it is not always possible or desirable for businesses to close on a bank holiday. This will be the case particularly for those businesses where there would be a negative on costs and service. It is expected that some businesses and organisations may choose to close or halt their operations on the day of the state funeral, although there is no obligation on them to do so.
What should I do if my employees are not entitled to the extra bank holiday?
If your employees are not entitled to the extra bank holiday, then you have the following options:
#1 – Open on the extra day and require your staff to work as normal
Even if you decide to open on the Monday and require your staff to work, they could, in principle, still request to have that day off as part of their normal annual leave entitlement. You do not have to grant that request, but it would be sensible to decide in advance what approach will be taken to such requests.
#2 – Close on the extra day and require your staff to take the day as leave out of their annual leave entitlement
Under this option, you will need to give your employees at least two days’ notice if you are requiring them to use their annual leave entitlement, unless your contracts permit you to require holiday to be taken on shorter notice.
#3 – Close on the day of the bank holiday and, as a gesture of goodwill, grant your staff an extra day’s paid leave on a discretionary basis.
Whichever option you adopt, we would recommend that you communicate it clearly and as soon as you can, so that your employees can plan accordingly.
Should you have any questions, please do not hesitate to get in touch with our Employment Team.