How should I prepare for the additional bank holiday in June 2022 as an employer?

In celebration of the Queen’s Platinum Jubilee, the Government has announced an additional bank holiday on Friday 3 June of this year. The bank holiday that normally occurs in late May has also been moved to Thursday 2 June 2022, creating an extra-long four-day weekend. While this is sure to excite many workers, employers may be wondering whether they are legally obligated to grant their workers the additional days’ paid leave. Our Employment Law team discusses under what circumstances workers will be entitled to the additional bank holiday, and when it will be at the employer’s discretion.

Entitlement to bank holidays

Workers do not have an automatic right to take bank holidays as paid annual leave. Under the Working Time Regulations 1998, workers are entitled to 5.6 weeks paid annual leave each year, which for most full-time workers equates to 28 days. The creation of the additional bank holiday has not changed this entitlement and so whether you will need to grant your workers an additional day of paid annual leave will depend on what is stated in their employment contract.

How to manage workers who are not usually entitled to bank holidays

Workers in certain sectors such as hospitality or care may not normally be entitled to take bank holidays off, and therefore should not expect to get 3 June as annual leave. However, these workers’ contracts may provide for them to receive an enhanced rate of pay when working on a bank holiday and employers will need to examine their contracts to see if they will need to pay this enhanced rate to workers who work on 3 June.

How to manage workers who are usually entitled to bank holidays

It will be at your discretion whether you grant an additional days’ paid leave if your workers’ contracts state they are entitled to:

• a certain number of days annual leave “inclusive of bank holidays”;
• a certain number of days annual leave but don’t specifically mention bank holidays at all; or
• “the usual” bank holidays as this extra day is not “usually” a bank holiday.

You will need to grant workers the additional bank holiday (or a day off in lieu) where the contract states workers are entitled to:

• “all bank holidays” or “all public holidays”; or
• a certain number of days annual leave “plus bank holidays”

What should employers do to prepare for the extra bank holiday?

Even if your workers are not entitled to the additional bank holiday, you may still consider granting it to them anyway. Failing to do so may hurt morale and cause resentment, which is not something any employer would want in the current job market. If you do decide to grant workers the additional day, make it clear to them they are receiving an additional benefit.

If you decide to close the workplace on 3 June, but want workers to use their normal annual leave entitlement to cover the time off, you will need to give them at least two days’ notice that you are requiring them to take the day as annual leave.

Whatever you decide, you should plan for it in advance of the bank holiday and clearly communicate your plan to your workforce in order to set expectations and manage potential disappointment.

If you are unsure whether the wording of you contract grants your workers the right to the additional bank holiday, a member of our Employment Law Team will be happy to advise you. Contact us today at employment@warnergoodman.co.uk or call 023 8071 7717.

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ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.