Are staff entitled to the additional Bank Holiday in 2022?

It has been announced that an additional bank holiday will take place in June this year to mark the Queen’s Platinum Jubilee.

How should employers manage this? 

Are employees entitled to paid time off for this day?

Normally the Spring Bank Holiday takes place on the last Monday in May. However, to mark the Queen’s Jubilee, this year, it will be moved to Thursday 2^nd June. There will be an additional Bank Holiday which will then take place on Friday 3rd June.

Whether employees are automatically entitled to the additional bank holiday as paid leave will depend upon the wording in their contract.

Here are some examples of what your contracts might say, how you treat the additional bank holiday and whether that gives your staff an entitlement to the additional bank holiday as paid time off, or not.

• If your contract states “20 days holiday per annum plus bank holidays” (or similar), it is likely that they will be contractually entitled to take paid time off on the additional bank holiday. This is because the wording has not limited the number of bank holidays that the employee is entitled to.
• If your contract states “20 days holiday per annum plus 8 bank/public holidays” (but does not state which bank holidays) – this limits the number of bank holidays your staff are entitled to but does not necessarily state they are not entitled to the 3^rd However, if you grant them the 3^rd June as a paid bank holiday, then they would not be entitled to a bank holiday later in the year.
• If your contract states “20 days holiday per annum plus New Year’s Day, Good Friday, Easter Monday, Early May Bank Holiday, Spring Bank Holiday, Summer Bank Holiday, Christmas Day and Boxing Day” then they will not be entitled to the additional bank holiday. This is because your staff will only be entitled to the bank holidays that you have listed in the contract (which are the usual ones observed in England).
• If your contract states “20 days holiday per annum plus the usual (8) bank/public holidays observed in England” – again they will not be entitled to the additional bank holiday as it is not normally observed in England.
• Some contracts are silent on bank holidays and only state “28 days holiday per annum”. Where this is the case, your staff are able to book up to the limit of 28 days. If they wish to use the additional bank holiday as part of that 28 days they may but it would deduct a day from their entitlement.

Employers Discretion

Of course, even if your staff are not contractually entitled to the day off as paid leave, it doesn’t stop the employer using discretion and giving staff the day as paid leave. If you do this, ensure you are clear it is for this event only and does not create any precedent to future additional bank holidays. Maybe you could give it as a thank you or gesture of goodwill!

What should employers do now?

• Firstly, you need to check the wording on your staff’s contracts of employment.
• If it is not a contractual right, consider how you are going to treat that day.
• Communicate the outcome to your staff in writing.
• Manage any challenge or questions.

Can Hill HR help?

If you are unsure on how to treat the bank holiday, or have any questions, the Hill HR team would love to help you. Simply contact us to arrange a conversation or why not book a slot in my calendar for a quick chat.