Following the announcement of an additional UK bank holiday for Queen Elizabeth II’s state funeral on Monday 19 September, many of our clients contacted us about what to do, and with another Bank Holiday potentially on the horizon for the Coronation, here’s some of the things to consider in your business.

It’s likely that the Coronation of King Charles will also create an additional Bank holiday, so we thought we would set out what to do if we have another Bank Holiday either this year or next year, when the coronation is confirmed.

The most recent bank holiday operates in the same way as all other bank holidays. There is no statutory entitlement to have specific bank holidays off, so whether you have to give your staff the bank holiday off or not, depends on what your contract of employment says! So, get it out and have a read of the wording around Bank Holidays, and if you are still in doubt, ask us to read it and confirm your position as not all wording is clear! However, if the contract says employees are entitled to ‘all bank and public holidays’, employers will be required to grant the extra day as additional leave.

Managing those who are not entitled to the holiday

Many contracts will provide for a specified number of public holidays in addition to a specified amount of annual leave entitlement or, alternatively, public holidays will be specified as being included within the total annual leave entitlement.

If employees are not entitled to the additional bank holiday, employers have three options:

1. Employees work as normal; although employees will be able to request annual leave on this date in the normal way using their annual leave entitlement. The employer is under no obligation to allow any particular request for holidays but should only refuse a request if there are reasonable grounds to do so.
2. Close the business, but this requires employees to take the day off as part of their annual leave entitlement. Employers must generally ensure that they give employees’ what’s known as “statutory” notice, which is at least two days’ notice if they are requiring them to take one day’s annual leave on a specific date, but more notice is advisable; or
3. Close the business, and grant employees an additional day of paid leave as a gesture of goodwill on a one-off discretionary basis.

In accordance with government guidance, most issues that arise will likely be a matter for discussion between individuals and their employer. Although the first step is for employers to review the employment contract, employees should ensure that they are open to having conversations with their employees to discuss leave around the bank holiday and potentially flexibility around working hours if individuals wish to pay their respects. Where an employee is not entitled to the day off and refuses to come into work, disciplinary action may be taken subject to the proper procedures being followed.

Potential claims

Organistions should ensure that part-time employees are not treated less favourably than full-time employees when it comes to annual leave entitlement. Therefore, if the extra day off is being given then part-timers should receive, at least, the appropriately pro-rated amount of leave.

In terms of potential discrimination claims, being a royalist or monarchist may come within the scope of a ‘philosophical belief’ under the Equality Act. Therefore, if this is a genuinely held belief then it could amount to a protected characteristic and employers should tread carefully if employees raise this as a concern.

We expect many businesses will give staff the day off as a gesture of goodwill, irrespective of the legal entitlements. In any case, employers should communicate their decision clearly and quickly to enable employees to make any necessary arrangements (such as childcare given that schools will be shut) and manage employees’ expectations given the publicity surrounding any further bank holidays.