Extra Bank Holiday Confirmed for the Day of the Queen's Funeral

Employers will be working through the implications of the additional bank holiday, both in respect of managing the workforce, and also in the event of a court or Tribunal deadline scheduled for next Monday.

Employers will understandably wish to communicate in a timely and sensitive way with staff who need to know whether they are entitled to take the day as an additional day's leave. Employers may find it helpful to consider the issues below before confirming their approach.

Do Workers and Employees Have a Statutory Right to Take the Day Off?

Workers and employees (described here as 'workers') do not have an automatic statutory right to take the day of Her Majesty's funeral as an additional day's leave. The Working Time Regulations 1998 provide for a statutory entitlement to 5.6 weeks' paid holiday per year. Public holidays can count towards this entitlement but there is no statutory right to take time off on specific public holidays.  

Could Workers Have an Express or Implied Contractual Entitlement to Take the Day Off?

It is possible that workers will have a contractual right to take the day as an additional day's paid leave. Individual entitlements will depend on the contractual wording in place. For example, if the contract provides for a right to take paid leave on a defined number of public holidays (typically eight), there will be no contractual right to take next Monday as an additional day. Alternatively, if the contract permits the worker to take 'all public holidays' as paid leave, then it is likely they will be entitled to the day as an additional day's paid leave.

Earlier this year there was also an additional public holiday granted to celebrate Her Majesty's Platinum Jubilee. The approach employers took to the Platinum Jubilee bank holiday may be relevant to how this bank holiday will be dealt with, although that was a bank holiday that employers could plan for and it is unlikely workers would benefit from an implied right to take Monday as an extra day's paid leave based on custom and practice from the Platinum Jubilee bank holiday alone.

What Public Holidays Are Part-Time Workers Entitled to?

Part-time workers have the right to be treated no less favourably than comparable full-time workers because they work part-time, unless any difference in treatment can be objectively justified. An employer may choose to pro-rate entitlement as it would for other bank holidays. Alternatively, an employer may reflect on the fact that this bank holiday was declared at a time of national mourning and allows those who wish to a time to pause and reflect during the Queen's funeral. Something that cannot be replicated by holiday at another time.

How Should Employers Support Working Parents Dealing with School Closures?

The Government has confirmed that schools will not be expected to open on Monday. In some cases, working parents may not be entitled themselves to take Monday off, but nevertheless will find themselves needing to look after their children who will not be at school. Technically, the statutory right to unpaid domestic incident leave could kick in here, or workers could elect to take a day of paid annual leave. However, in reality, employers are likely to wish to explore options for workers to flex their hours to avoid workers having to take unpaid leave or annual leave to cover the day.

What if a Court or Tribunal Deadline Falls on the Day of the Bank Holiday?

Employers may be faced with court or Tribunal deadlines falling on the day of the bank holiday. Different rules and procedures apply to the different types of court and Tribunal and it may not always be appropriate to work on the basis that complying by the next working day is sufficient. Our recommendation would be to check the position with the court or Tribunal concerned, or otherwise to file the document early, by Friday 16 September if possible.

For more information or advice, please contact Gareth Edwards in our Employment team on 07899 915 692, or complete the form below.