The Government has announced that Monday 19 September will be a bank holiday in the United Kingdom to coincide with Her Majesty Queen Elizabeth II’s State Funeral.
What are employee's rights to a bank holiday on the Queen's Funeral?
The right for an employee to take the above additional bank holiday will depend upon the construction of the employees’ contract of employment.
If the contract states that employees get bank/public holidays as part of their annual leave entitlement without specifically naming the designated bank/public holidays, then they would contractually be entitled to take the day off as a paid holiday.
Where the contract states that an employee will get a set number of specified bank holidays/public holidays in addition to normal holidays, the employee will not get the extra bank holiday and where any employee wants to take 19th September off they must agree with their employer to take it as paid holiday from their outstanding holiday entitlement for the holiday year or mutually agree unpaid leave.
Also, where the contract refers to 4 weeks/20 days holiday and provides for bank/public holidays that are normally observed in England and Wales (namely 8 bank holidays) then it may not be the case that the extra bank holiday would apply as such a holiday is not “normally observed “in England and Wales.
Where contract simply refers to 28 days or 5.6 weeks and nothing further again the extra bank holiday may not apply.
With part-time employees again the entitlement would depend upon the wording of the employment contract and here prudent to ring the advice-line team on 0116 274 9193 for further guidance.
Another point to add is where employees are not entitled to any extra bank holiday then what happened on Queen’s Platinum Jubilee bank holiday if a precedent was set by allowing a paid holiday.
Many staff may have been affected by the sad death of Her Majesty Queen Elizabeth II and thus morally or otherwise protecting staff welfare, employers need to act sympathetically on such matters to allow staff to pay their respects to Her Majesty and to commemorate Her reign.
Please note, this article is for guidance only. Should you have a specific employment law enquiry, please contact the Quest FREE advice line on 0116 274 9193.
