Following the demise of HM Queen Elizabeth II a bank holiday was declared for the day of the State Funeral, Monday 19th September 2022, by King Charles III at his Proclamation. Here we look at what that means in terms of entitlement and pay.
Entitlement will all come down to what’s in the employment contract. If the contract states any of the following, then employees are right to expect the time off and to be paid for it;
- You are entitled to 20 days plus bank holidays
- You entitled to 4 weeks plus bank holidays
If, however, the contract states the following, then employees will not be entitled to the day off and be paid for it;
- You are entitled to 5.6 weeks including bank holidays
- You are entitled to 28 days including bank holidays
The exception will be if an employee chooses to use a normal day of their holiday entitlement, but even then, it must be approved by the employer first, who could be entitled to decline it.
(NB – If your contracts have alternative wording to the above, we recommend you seek professional HR advice. We have recommended a reputable consultant at the bottom of this article)
Of course, some (or most?) employers will choose to recognize the additional bank holiday regardless, and allow staff paid time off. Others may want employees to take it as time off in lieu, or if you’re in a business that will be operating on the bank holiday then employers may pay enhanced rates, or enhanced TOIL for those employees that do want to work, but this will be either a contractual matter, or at the discretion of the employer.
Need HR advice? Not got employment contracts in place? Contact Nichola Freer HR Solutions on 07523 960 915 or email info@nicholafreer.co.uk for expert advice and support at competitive prices. www.nicholafreer.co.uk
