Bank holiday announced for Queen Elizabeth II’s State Funeral – what employers need to know

Following the death of Queen Elizabeth II an additional bank holiday in the UK has been granted on Monday 19^th September, the day of the funeral. Below we address some of the questions employers are asking:

Does an employee have an automatic right to an extra bank holiday for the monarch’s funeral?

Where a contract stipulates that an employee’s entitlement is limited to the normal eight bank holidays in England and Wales, there is no automatic entitlement to an extra bank holiday that is granted one year, for example on the death of the monarch (i.e. the day of the Queen’s funeral).

There is no statutory right for employees to take bank holidays as leave; the right to do so is down to the terms of the contract. Unless the employer decides to modify the terms of the contract to allow an extra day, there is no right for an employee to take the day off.

If the contract states that holiday entitlement is a certain number of days “plus bank holidays”, without specifying the number of bank holidays, employees would be entitled to the extra day.

HOWEVER – whilst this position above is the contractual one – employers may have operated a practice of giving extra bank holidays in respect of Jubilee celebrations. So there could well be a “reasonable expectation” that a day’s holiday will be granted or a day off in lieu provided for essential workers.

Note – In 1997 on the death of Lady Diana Spencer, a public holiday was declared. Some of you may remember that there was a considerable backlash to businesses that opened for trading on that day. Their actions were considered to be disrespectful and ill-judged in view of the overwhelming public mood of the day. 

What actions do employers need to take?

Communicate the arrangements for that day to employees (including if it will be a usual working day).

Make any necessary adjustments to payroll.

What if an employee already has holiday booked / is on family leave?

If an employee already has holiday booked for the day of the additional bank holiday and you are granting paid leave that day they should be allowed to reclaim the booked leave. For staff on maternity/shared parental leave/paternity leave holiday will accrue.

Are employees entitled to extra pay?

There is no statutory right to extra pay for working on a bank holiday. Any additional pay should be stipulated in the contract of employment.

What about part-time employees?

If your business is allowing paid leave for the bank holiday and you have a part-time employee who doesn’t work Mondays they should be granted time in lieu in order that they are not treated unfavourably.

What if the workplace is open and an employee refuses to attend?

There is no statutory right to time off for bank holidays so if an employees contract does not allow for time off they are required to be available for work. The employee could request to take annual leave according to the company’s holiday procedure. If this is not possible, unpaid leave could be granted at the employer’s discretion. However if the employee is required to attend work and refuses the employer can treat this as a disciplinary matter.

Other considerations

For those working in or travelling through London, there may be travel disruption due to those travelling to pay respects, media personnel, emergency services and enhanced security measures. In these cases, employers should allow for reasonable tardiness, particularly when the employee can evidence they are commuting through a busy area, and relax normal rules on coming to work late. In the rare event that the employee is unable to get to work, employers should first consider whether the person is able to temporarily work from home. If not, they can discuss the alternative options of taking the day as annual leave or unpaid leave. However, rail strikes planned for the coming week have been postponed.

Employers should recognise that the Queen’s death may be a difficult time for some and they may need additional support. For some associated memories and feeling related to bereavement and grief may re-surface.

If you need any further advice please contact your consultant.

For more about how Rob Bryan Associates HR experts can support your business see www.robbryanassociates.org.uk