Following the government’s announcement of an additional bank holiday in 2022 to celebrate the Queen’s platinum jubilee, we have had a number of businesses contact us to enquire as to how they are required to deal with the additional holiday.
The answer lies in the terms of the contract of employment. The contracts which we prepare for our clients specifically include all existing bank holidays as part of the employees contractual entitlement, and do not include any additional ones which might be granted. This means you are not contractually obliged to allow employees to have the additional day off, although of course you may choose to do so. In those circumstances the options are:
At your discretion, grant them the extra day off and pay them for it.
Give them notice that they have the option of either working that day or taking the day off, but inform them that if they take the day off it will deducted from their normal holiday entitlement.
Give them notice that they are required to take the additional day off and that it will be deducted it from their normal holiday entitlement.
Some employers however will have contractual terms which state words to the effect that employees are entitled to all bank holidays, for example they will typically state, “You are entitled to 20 days holiday plus bank holidays”. In those circumstances the employer has no option, they are contractually obliged to grant the additional holiday.
Bear in mind that the additional day is Friday 3 June and that Thursday 2 June is an existing bank holiday, having been moved from the usual May bank holiday. If your contract give you a discretion, it would be advisable to give employees as much notice as possible of your intentions.