Do you know your staff’s entitlement for the additional bank holiday this year?
Michael McAllister, Director & Head of Payroll Services,
Johnston Carmichael
In November 2020, it was announced that there would be changes to bank holidays in 2022 to celebrate Her Majesty the Queen’s Platinum Jubilee – the first time any British Monarch has reached this milestone.
The late May bank holiday will be moved to Thursday 2 June 2022 and an additional Bank Holiday will take place on Friday 3 June 2022.
Whilst exciting, did you know that employees do not have a statutory right to bank holiday entitlement? It is dependent on the terms of the employment contract, so the wording used is important as it will determine who is and isn’t entitled to this extra day off.
When is the extra bank holiday in 2022?
The additional bank holiday in 2022 is on Friday 3 June 2022 and applies in England, Scotland, Wales and Northern Ireland.
Who is entitled?
Whilst you will already have a robust process in place for bank holidays, contracts need to be reviewed to factor in this additional leave.
If the contract of employment states that employees are entitled to 20 days plus bank holidays, then your staff will be entitled to the additional day.
If the contract of employment states that employees are entitled to 20 days plus 8 bank holidays, then your staff will not be entitled to the additional day.
If the contract of employment states that employees are entitled to 28 days or 5.6 weeks including bank holidays, then your staff will not be entitled to the additional day.
It is likely that you may have some variation to this, and perhaps even different arrangements for different parts of your workforce. Should your employees be entitled to the additional bank holiday in line with the terms of their contract, but you do not wish to offer this, it is vital that you seek legal advice.
You may also have staff working varying patterns and hours, particularly with the rise in flexible working. When it comes to holiday entitlement, including bank holiday entitlement, it’s important to ensure that staff working part-time are not treated less favourably than full-time employees. We encourage all employers to familiarise themselves with the legislation surrounding holiday pay calculations, accruals, and entitlements.
Can I grant the additional bank holiday where there is no entitlement?
Yes! Many employers have opted to do this to recognise the special occasion and also to acknowledge individual well-being after a very challenging two years. If it is not possible for all employees to take time off for business reasons, employers may provide time off in lieu as an alternative.
It is important that employers communicate with their employees well in advance about whether they will be required to work on the additional bank holiday in line with the terms of the contract.
