How to Deal with the Extra Bank Holiday in 2022

In June 2022, the UK will celebrate the Queen’s Platinum Jubilee with an extra bank holiday, making way for a long weekend of celebrations. However, when it comes to bank holidays in general, staff entitlement isn’t always straightforward. Here’s what you need to know.

In the UK, there is no legal right to having bank holidays off work. Legally, all employees are entitled to 5.6 weeks’ paid holiday a year, even if they have a zero-hours or agency contract. However, as long as that’s provided, it doesn’t need to include bank holidays.

What is the Legal Position?

Legally, whether employees are entitled to the additional day as extra paid leave will depend on the wording of their contract.

If their contract states how many bank holidays they are entitled to or the total number of days, including bank holidays, then there is no obligation on employers to grant an extra day of leave. For example, the contract may state, “Your holiday entitlement is 20 days per year, plus eight bank holidays” or “Your holiday entitlement is 33 days per year, including bank holidays”.

The contract may also reference the “usual” UK bank holidays. However, as the extra day is not a “usual” bank holiday, this would also mean employers are not obliged to give an additional day of paid leave.

However, suppose the contract does not state the number of bank holidays. In that case, employers may be contractually required to grant employees an extra day. For example, if the contract states, “Your holiday entitlement is 25 days plus UK bank holidays”, then the extra day becomes a contractual entitlement.

Practical Considerations

Employees who usually get bank holidays off as paid leave are likely to view the additional bank holiday as an entitlement, regardless of the contractual position. The 2012 Diamond Jubilee was a national celebration with street parties and other events commemorating the occasion. It is likely to be the same for the Platinum Jubilee in 2022. In fact, with the extra bank holiday and the (hopefully) first summer of freedom since the pandemic, it may be even more so. Therefore, employers may decide that to keep their employees happy, they will grant the extra day regardless.

The last time we were gifted an extra bank holiday was in 2011 to celebrate the wedding of William and Kate. On that occasion, it was our experience that most employers chose to grant the extra day.

What are your options?

Assuming the contract gives employers a choice to decide, there are three options for you:

• Give employees the extra day off to celebrate the occasion, in addition to their usual annual leave/ bank holiday entitlement.
• Treat the day as an ordinary working day with no additional time off. Employers normally open on bank holidays, such as supermarkets, are most likely to choose this option.
• Treat the day as a typical bank holiday, where the business closes, but employees will need to take the day out of their usual holiday entitlement, with no “extra day” granted. Employers can specify the dates on which employees must take a holiday, providing they give at least two days of notice.

Managing exceptions

For employers who do grant the extra day, you will also need to consider how to manage exceptions, such as employees who are not scheduled to work on that day or employees who are required to work.

Examples of this are:

• Part-time employees
  Part-time employees who do not normally work on a Friday may ask for an additional day of holiday if they see their full-time counterparts (or part-timers who do work Fridays) being granted one.
• Employees off sick
  Employees who are ill, either self-certified or under a doctor’s certificate, may say they were too sick to enjoy the holiday and therefore, they should be granted an extra day at another time.
• Employees on maternity leave
  Employees continue to accrue annual leave when on maternity leave and may ask for an extra day for the extra bank holiday.
• Employees required to work the day
  If some/most employees are granted the day off, but some are required to work, those working may request an extra day of holiday to take at another time. If employees have a contractual right to an enhanced overtime rate or a day off in lieu of working bank holidays, this will apply on the extra bank holiday.

The legal position here is tricky. If the employer grants the extra day to those who are scheduled to work as a non-contractual “gift”, then there is no contractual right for employees covered under these exceptions to be given another day to make up for it. As an employer, it’s important to consider the impact of the extra bank holiday on your office Christmas party plans. While rescheduling the event may seem like a logical choice, it’s crucial to prioritize the overall employee experience when planning any company celebration. Remember that not all employees may feel comfortable or included in a traditional office party.

However, part-time employees are legally protected from suffering a detriment due to their part-time status. Those who are off sick due to a disability or on maternity leave are also protected from discrimination. Therefore, employers may choose to grant the extra day to eliminate the risk of a claim. As mentioned earlier in the article, giving the extra day for your entire workforce is also in the best interests of keeping your employees happy and motivated. For example, for those who are required to work the day when some or all of their colleagues are given the extra day off, it is recommended that they are given a day in lieu to take at another time.

If you require any HR support, Vero HR offers a range of service models to meet the needs of your business. Please do not hesitate to give us a call on 01733 830830 or email us at enquiries@verohr.co.uk.