The additional bank holiday has been permitted by the UK Government, and under UK employment law, employers therefore do not have to grant the day as annual leave. It does not form an additional holiday entitlement to the 5.6 weeks’ annual leave awarded to employees under the Working Time Regulations 1998

The wording of employees’ contracts of employment will determine whether employers should allow staff to take an additional day off. Contracts which refer to the right to take “all public or bank holidays”, for example, may mean you have to give employees the extra Bank Holiday. Whereas contracts which refer to “the usual public or bank holidays” or names the specific bank holidays as so; Good Friday, Easter Monday, Spring Bank Holiday, May Bank Holiday, August Bank Holiday etc, will not have to give the additional bank holiday to their staff, as this is an additional holiday announced in special circumstances and is not one of the “usual” 8 bank holidays that can be taken in England and Wales each year. Employers need to review their contracts and be mindful of how they are worded. If in doubt, check with us!

The UK and Welsh Governments have both issued guidance on the additional bank holiday, but this is not very detailed which means that it is up to employers how they handle this issue, dependent on their contracts of employment in use and their business needs. The options for employers are:

• Allow the bank holiday to be taken as a one-off extra day’s paid leave;
• Give staff the option of taking it out of their existing annual leave entitlement or as unpaid leave;
• Ask staff to work the bank holiday, but consider whether they can be given an extra break or extended lunch break to watch the coronation; or
• Do not allow the bank holiday to be taken at all if the needs of your business can’t accommodate this.

If you need any support or guidance book a call with us here.