It has been announced that there will be an extra bank holiday to celebrate the King’s Coronation on Monday 8 May, which will form a special three-day weekend for many, but not all, employees.
Whether an employee is legally entitled to this extra bank holiday depends on the wording of their employment contract and their usual work patterns. If an employee’s contract says their entitlement plus bank holidays, they will be entitled. If it states that they are entitled to annual leave inclusive of bank holidays, it will be up to the employer’s discretion. If the employment contract refers to usual bank holidays, they would not automatically be entitled to it, given that this is not a usual bank holiday, but the employer may give it as an additional benefit.
Employees who are normally required to work on a bank holiday should not expect the day off. If they usually receive a more generous bank holiday rate, they may expect this.
For part-time workers, the position is the same: their entitlement depends on the wording of their contract. If they are entitled to the additional bank holiday under their contract, but this is not their normal working day, their holiday entitlement should be adjusted on a pro-rata basis to avoid claims for less favourable treatment. Employees on maternity leave continue to accrue annual leave in accordance with their contract, so when working out their accrued leave it is important to consider this.
Employers should closely examine the wording of the contract to ascertain if employees are entitled to the bank holiday, seek specialist advice if they are unsure about this, and consider what approach was adopted for the Queen’s Platinum Jubilee and whether practices will be consistent.
The fact that the extra bank holiday may have been given to employees, even if they were not legally entitled to it, does not mean that the same approach needs to be adopted, but it may be something long-serving employees question.
Consider employee morale. Even if they are not legally entitled to it, will depriving employees of this cause upset? Given recent years, providing such an additional benefit may help boost employee morale.
Paul Reeves is head of employment and Leanne Raven is a senior knowledge lawyer at Stephenson Harwood