The year 2023 will bring yet another “extra” bank holiday to the United Kingdom. The Coronation of King Charles III takes place this May, and a bank holiday will mark the occasion on Monday 8th May 2023. And with it, another headache for employers over how to manage it.
But fear not, Emma Grace, Senior Employment Law Solicitor at BRIDGE, recommends how you can prepare now for the extra bank holiday.
Follow my guide to go into 2023 with this matter sorted upfront and notify employees ahead of time about their Bank Holiday entitlement.
Understanding EMPLOYER legal obligations over Bank Holidays
It’s important to understand the basics of bank holiday entitlement. Your essential legal obligations as an employer are:
- There is no statutory right to time off for employees on a Bank Holiday.
- The statutory obligations are to allow employees and workers to take 5.6 weeks (pro-rated for part-time staff) holiday a year.
- When that is taken and what that includes is in the hands of the employer.
Where you WILL find your specific obligations to your own employees and/or workers
- These should be set out in their contract or statement of terms.
- If not, you would look to statute for the legal obligations – as set out above.
Are ALL employees or workers entitled to take Bank Holidays off?
Quite simply, no. As long as they get 5.6 weeks a year, you are complying with employer legal obligations. There is nothing to require you to give those particular days off, unless business contracts say otherwise.
You, as the employer, decide when any holiday can be taken. As long as you do not do this in a way which stops your staff from being able to actually take their holiday, you are complying with your legal obligation.
There will be various possibilities here:
- All holiday is pre-set – where the business itself shuts down for either one long period or several shut-downs;
- Some holiday is pre-set – often this will be bank holidays, with sometimes an extended period over Christmas;
- No holiday is pre-set, with the business open at all times and bank holidays treated no differently to any other day.
The effect of Bank Holidays is usually simply to “pre-choose” when some staff take their holidays, because the business is closed.
do staff get an extra day’s holiday in 2023, or not?
To answer this, you must look at the business' contracts. To demonstrate, let's look at a full-time worker, entitled to 28 days holiday in the year (5.6 weeks), and how this may be phrased in a document, and then what that means for bank holidays and extra days.
- 20 days “plus” bank holidays – the worker is entitled to 20 days plus any Bank Holidays announced for the year. They would be entitled to an extra day in 2023 and so in fact 29 days.
- 20 days plus the “usual” bank holidays in England and Wales - the worker is entitled to 20 days plus the usual bank holidays in England and Wales, which would mean 28 days, as we have 8 days in a usual year. They are not entitled to an extra day.
- “28 days inclusive of bank holidays” – the worker is entitled to simply 28 days leave, some of which will be made up of Bank Holidays. In 2023, 9 of those days would be bank holidays. They are not entitled to an extra day.
- No contract? Arguably no automatic entitlement – the Working Time Regulations will apply which entitles the worker to 5.6 weeks and no extra day.
Make Reviewing the Bank Holiday Policy Your New YeaR's Resolution
- Decide if you are going to give your staff the extra 2023 holiday.
- Make this clear from the start of the year. Your decision should include staff expectations – did you do this in 2022? Did you give an extra holiday for both Queen Elizabeth II's Jubilee and Funeral? A National Day of Mourning could legitimately be treated differently to a celebration, especially as King Charles III's Coronation itself is going to be on a weekend.
- If you are allowing staff to take the extra bank holiday as an additional day's holiday, simply inform staff, and confirm any arrangements.
- If you are not allowing an extra day of holiday but you will allow any staff to book the day off if they wish to attend London for the coronation celebrations, then give them a deadline by which this must be done to allow planning.
- If you are considering not allowing the bank holiday to be an additional day's holiday, make this clear upfront. Set out that the business will be open and that usual holiday rules apply.
My advice on Bank Holidays
- Make sure you have a clear contract in place. Consider amending it if it says “plus” bank holidays, making sure you take legal advice to avoid creating a breach of contract claims.
- Remember, no one has the “right” to any particular time off, you as the employer have the overall say.
- Remember that fairness is an important right for employees, so make sure you are applying your rules fairly and in accordance with any discrimination laws.
- Most important of all, make sure your staff understand how holidays work, and how they are allocated –derp most disputes arise out of a lack of understanding and clear information.