Published: Suffolk Business Magazine

Date: Feburary 2011 edition

Author: Abigail Adams, Solicitor, Employment

It has been confirmed that the wedding of Prince William and Kate Middleton on Friday April 29 2011 will be an official Bank Holiday resulting in two consecutive four-day weekends. What will this mean for employers? Whilst many workers have welcomed the prospect, employers have warned that almost a month of short weeks, coupled with the imminent VAT increase and impact of Government spending cuts, could cause serious problems for many businesses who are still struggling to recover from the economic slowdown. However, employees should not assume that they will benefit.

Although many employers do close on a bank holiday, or offer employees who work extra pay, or a day off in lieu, they are not required to do so. The only legal obligation on an employer is to allow employees the minimum paid annual holiday entitlement as laid down by the Working Time Regulations 1998 (which provide for 28 days annual leave per year). The contract of employment may make more generous provision in relation to any right to time off or extra pay for working on a bank holiday, in which case it will be the contract that determines the employee’s rights.  Where a contract provides for “twenty days plus bank holidays” then an employee will be entitled to the royal wedding bank holiday in addition to the usual eight bank holidays. Where the contract simply states that the employee is entitled to “X days holiday per year” inclusive of bank or statutory holidays there will be no such contractual entitlement. An employer with such a clause may decide to close down on the 29 April 2011 but require employees to take a day’s holiday. Alternatively, some employers may allow all staff an extra day off in order to maintain good employment relations, although this just may not be an option open to all businesses.

Issues may also arise in relation to part-time employees who have their holiday entitlement rounded up to allow for their pro-rata bank holiday entitlement. Because these arrangements include bank holidays, there will be no extra entitlement on 29 April 2011. If full-time employees have bank holidays as being additional in their contracts, employers may find part-time employees complaining of less favourable treatment.    

The best advice for employers is to be prepared, check contracts of employment and if in doubt ask us.  Whatever employers decide to do should be communicated clearly and in good time to their workforce and ensure consistency of treatment.

…PS Congratulations to the happy couple!

This article is for general information purposes only and does not constitute legal or other professional advice. You should not act or rely upon this information.

For further information please contact Abi Adams