An additional bank holiday has been announced for Monday 19th September 2022, the date of Her Majesty Queen Elizabeth II’s State Funeral.
There are usually eight annual bank holidays for workers in England and Wales, although there was an additional national bank holiday earlier this year on Friday 3rd June 2022 to mark the Queen’s Platinum Jubilee.
So, are employees entitled to the additional bank holiday on 19th?
This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement for time off on bank holidays. An employee’s entitlement to time off on bank holidays, will entirely depend on the wording of the employee’s contract of employment.
If the contractual wording stipulates that the employee is entitled to the ‘usual bank holidays’ or ‘usual bank holidays in England and Wales’ or lists the bank holidays entitled to (e.g., Christmas Day, Boxing Day), the employee is not contractually entitled to take paid time off on 19th.
If an employee’s contract stipulates that they are entitled to X days holiday per annum ‘plus bank holidays’ the employee will likely be contractually entitled to the additional bank holiday.
If an employee is not contractually entitled to take a paid leave on the additional bank holiday, the decision to grant time off will be for the discretion of the employer.
To discuss the above or for further Employment or HR Advice please contact Tom Evans at tom.evans@dtmlegal.com.
