As we know an additional bank holiday has been announced to take place in June 2022 to mark the Queen’s Platinum Jubilee.  But are all employees automatically entitled to paid time off?

When is the additional bank holiday?

The Spring Bank holiday which usually takes place on the last Monday in May is being moved to Thursday 2 June 2022 and the additional bank holiday will be on Friday 3 June 2022.

Are my employees entitled to the additional bank holiday?

This will depend on the wording within their employment contract:

Contract Wording Are they automatically entitled to the additional bank holiday?
Additional bank holidays announced by the Government may be taken and will be paid Yes
20 days holiday plus 8 bank holidays No.  However, as this doesn’t state the specific bank holidays, potentially they could argue they are entitled to it, but that would mean that they wouldn’t be entitled to one of the others.
20 days holiday plus the usual public holidays in England and Wales No, this is not one of the usual public holidays.  Therefore, there is no automatic entitlement.
20 days, plus bank holidays. Yes, the wording does not limit the number of bank holidays or state which bank holidays will be taken.
20 days.  Public holidays will be in addition to your holiday entitlement. Yes, the wording does not limit the number of bank holidays or state which bank holidays will be taken.

20 days.  The company recognises 8 public/bank holidays a year, the dates of which vary from year to year and will be confirmed to you at the start of the year.

 

Occasionally the Government may announce additional public/bank holidays. These will not automatically be included in your annual entitlement. The company will consider each such appointed day and advise you whether it may be taken as an additional paid public holiday.

 

No, the wording is very specific that there is no automatic entitlement to additional bank holidays.
28 days, including the usual public holidays in England and Wales. No, this is not one of the usual public holidays.  Therefore, there is no automatic entitlement.
28 days inclusive of recognised holidays.  Recognised holidays are New Years Day, Good Friday, Easter Monday, Early May, Spring bank holiday, Summer Bank holiday, Christmas Day and Boxing Day, No, the additional bank holiday is not listed as a recognised holiday and therefore, there is no entitlement to it.
28 days including bank holidays The wording does not limit the number of bank holidays or state which bank holidays will be taken.  Therefore, they are entitled to take it off (unless it is clear they may be required to work bank holidays) and a day should be deducted from their 28 day entitlement if they do take it off, but they are not automatically entitled to a day to be added to their entitlement.
28 days including 8 public and statutory holidays. No.  However, as this doesn’t state the specific bank holidays, potentially they could argue they are entitled to it but that would mean that they wouldn’t be entitled to one of the others.
28 days holiday No, they are entitled to 28 days holiday and if they wish to use one of those days to book off the bank holiday they can (subject to usual approvals).
What should you consider when deciding whether to allow the additional bank holiday as paid time off?
  • What your contracts of employment say
  • What you have done previously when there have been additional bank holidays. There may be an expectation that the same will happen.
  • That giving an additional day will always go down positively. If you can’t allow them to take the actual day off, you could give them an additional day to use when they wish.
  • Communicate your plan as soon as you can.