How to deal with the extra bank holiday in 2022

In business principles, contracts, holiday on December 8, 2021 at 11:35 am

To mark the Queen’s Platinum Jubilee, an additional bank holiday has been announced to take place on Friday 3rd June 2022. Whilst June 2022 may be far from your mind, most employers’ holiday years commence on 1st January each year, and with only a few weeks left of 2021, it’s certainly worth considering how this may or may not impact your employees’ holiday entitlements for 2022 and if an employee is entitled to this extra days’ holiday. The answer to this question will vary depending on the wording of the employee’s contract.

In a standard year, there are 8 Bank Holidays in England & Wales, these being New Year’s Day, Good Friday, Easter Monday, Early May Bank Holiday, Spring Bank Holiday, Summer Bank Holiday, Christmas Day and Boxing Day.

In 2022, the May Spring Bank Holiday will be moved to Thursday 2nd June and an additional Bank Holiday on Friday 3rd June will create a four-day weekend to help celebrate The Queen’s Platinum Jubilee. Therefore, employers should be aware that on top of the extra Bank Holiday, there is also a re-shuffle of when the Spring Bank Holiday, usually at the end of May, is taken.

If the contract states an employee’s holiday entitlement includes Bank Holidays and then lists the standard Bank Holidays that are recognised as part of the holiday entitlement, then there would be no need for the employer to give an extra day for The Queen’s Platinum Jubilee. This would also be true if the contract just states the entitlement includes the usual or standard Bank Holidays.

If the contract states holiday entitlement includes bank holidays, without listing the Bank Holidays or referencing the usual/standard Bank Holidays, then the employee would be entitled to the extra day, as the Queen’s Platinum Jubilee is a Bank Holiday, and the contract states the employee is entitled to Bank Holidays as part of their annual entitlement.

Even if there is no contractual right to the extra Bank Holiday, an employer can decide to give the extra day as a gesture of goodwill. Many employees may assume that they will get the additional Bank Holiday, while legally an employer may not be required to give Friday 3rd June 2022 as a day off, they may decide to allow the day to enhance employee relations.

Again, if there is no contractual right to the extra Bank Holiday, an employer can decide to close on Friday 3rd June 2022, without giving an extra day’s holiday. Notice could be given, ideally at the start of the holiday year, if not sooner, that an employee must save a day of their yearly entitlement to cover the closure for the Queen’s Platinum Jubilee. This is similar to what many employers do for Christmas shutdowns, however like above an employer should think about employee’s expectations and how such a decision may affect employee relations.

It would be good practice for an employer to forewarn employees of their entitlement or not, of the extra Bank Holiday. If you are unsure of what your employees may be entitled to then please contact your consultant to discuss this. 

If you have no employment contract in place (we highly recommend you implement this immediately as you have a legal duty to do so), your approach would be to consider what ‘implied contractual terms’ are in place, i.e. what have you done in previous years with regards to holiday arrangements or what communications surrounding holidays have you shared with employees.

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