Early May Bank holiday
An important note for employers in 2020 is to prepare and plan for the alternative dates for the May Bank Holiday.
The Government has decided that in 2020 to honour the 75th anniversary of VE Day the Bank Holiday in May will be altered from Monday 4th of May to Friday 8th of May.
The move to the 8th of May is to allow the Nation to commemorate the occasion with a long weekend of celebrations to honour this historic event. This decision will only change the date of the Bank Holiday and the total number of Bank Holidays will continue be the same.
Bank holiday entitlement
Employees are not automatically entitled to Bank Holidays and therefore it is important to check their contracts of employment which may contractually agree which dates an employee has a right to take time off work for annual leave. Employers must review how the alteration in Bank Holiday dates will impact on the employee’s legal rights and their business needs.
Employers should carefully examine each individual employees’ contract of employment. The contract may simply state that employees will be entitled to all Bank Holidays and not give specific dates. In this case the employee will only be able to take time off work on the Bank Holiday announced by the Government. The employee will only be allowed time of work on the 8th May and will have no right to the original 4th May Bank Holiday. Employers should however be aware that certain contracts may allow time off work for specific annual leave dates. In this case the employee may have the right to take time off on the 4th May.
Contract of employment
Employers should check the employee contract of employment to see if it has a flexibility clause which allows the employer to alter the dates of holidays for business reasons. If such a clause does not exist, the employer should negotiate with the employees and agree a provisional change to the contract of employment. The Working Time Regulations allows employers to provide reasonable notice to employees as to when they can take annual leave. The employee must be provided the employee at least twice the amount of notice to the leave the employer wants them to take.
Part time employees and those with work varied hours will be most affected if their contract states Bank Holidays are included in their annual leave entitlement. For example, those employees who do not normally work the Friday will not have to book additional time off. Those employees who do not normally work a Monday will be required to work the Monday and will have to take the Friday off which would not normally be a working day for them. Employees caring for young children and those who care for venerable adults may be affected if they cannot make alternative arrangements. Part-time workers have bank holidays allocated on pro rata basis. Employers can offer some flexibility here by asking Part-time employees if they wish to be paid on the Bank Holiday or take another paid day of their choice.
The employer should take early positive action to resolve these issues by consulting and speaking with employees who may be affected by the change in Bank Holiday dates. This will validate a caring and responsible attitude toward staff and facilitate good working relations.
If your organisation needs further information on the Early May Bank Holiday and how it may affect your workplace please call us on 0333 240 7208 or contact us here.
