Are Employee’s Entitled to the Queen’s Jubilee Bank Holiday?

Do you know if your employees are entitled to take time off work for the Queen’s Jubilee Bank Holiday 2022?

The answer lies within your employment contracts – as they say, it’s all about the wording. There is no statutory right to bank holiday entitlement for part-time or full-time employees or for them to be paid. There’s certainly no statutory entitlement to be paid at a rate of time and a half, or even as double time.

Queen’s Jubilee Bank Holiday 2022

When did you last review the wording of your employee contracts? Your current employment contracts may have clauses that don’t suit or reflect your actual business requirements. This does mean that potentially you may have to provide for and pay for all of your employees to take the Queen’s Jubilee Bank Holiday 2022 off.

Did you know that you can’t change a contract unilaterally to suit your business needs?

You can however change the employment contract wording to reflect your requirements for new employees because they’ll accept the position on those terms. However, this may then cause administrative and management inefficiencies if some employees operate on a different set of bank holiday rules to another.

Part-Time Employees and Bank Holiday Entitlement

To be consistent, and to reduce any potential discrimination claims, our advice is to offer part-time employees the full-time equivalent holiday entitlement inclusive of bank holidays on a pro-rata basis. We advise you to stipulate the actual bank holidays which your business recognises, this means that additional bank holidays such as the Queen’s Jubilee 2022 are not required to be taken or paid.

The Working Time Regulations 1998 provides that full-time workers are entitled to 5.6 weeks paid annual leave a year – this equates to 28 days, which may or may not include bank holidays.

Implementing bank holiday entitlement to suit your business needs

As an employer, if your business requires employees to work on bank holidays, then you may choose to word your contracts in such a way that it provides the employee with 28 days (or more) of annual leave. Make it clear that this does not include bank holidays (and they are required to work on bank holidays). In this situation, an employee wishing to take a bank holiday as leave would simply follow the annual leave procedure to book the day off. If approved, it would be part of their holiday entitlement and they would be paid for it.

However, you may be an employer who does not require anyone to work on bank holidays. In this instance, your contracts should be worded in a way that references entitlement to the bank holidays and states that employees can book off the remaining 20 (or more) days as they choose.

If your employment contracts specify the 8 standard bank holidays then in the event of an additional bank holiday such as the Queen’s Jubilee Bank Holiday 2022, the employee would not be entitled to it.  Of course, you may choose to allow the employee to take it off and be paid for it.

If your employment contracts specify that the employee is entitled to 28 days inclusive of bank/public holidays then they would be entitled to take the Queen’s Jubilee Bank Holiday 2022 off and be paid for it.

There are many combinations of wording employers can use in their contracts. However, any changes to current employment contracts must be mutually agreed with your employee.

Contract wording can get complicated and it is easy to be confused with holiday entitlement. If you need HR advice on bank holidays and employee contracts, please call us 01455 231982 or email us at jude@jrhr.ltd

 

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