whether you allowed additional leave for the Jubilee bank holidays earlier this year. If you require your employees to use a day from their holiday entitlement (for example if the business will be closed), dont forget that you need to give double the amount of notice as the number of days you require your employees to take (i.e. Expand menu, 3. This will leave many employers and employees alike wondering if they will be allowed the extra day off. There is no statutory right to extra pay, for example time and a half or double time, when an employee works on a bank holiday . So if the contract states their annual leave entitlement is a certain number of days 'plus bank holidays' your employee . November 22, 2022 - January 7, 2023. Some employment contracts ask individuals to work some Saturdays/bank holidays. More information. On Monday September 19 th there will be a Bank Holiday across the country to mark the funeral of Queen Elizabeth II. For some employers, it will not be possible to do so. So, this again depends on what is in theemployment contract if theyre entitled to the extra bank holiday (or you want to grant it) then they get it outside of their standard bank holiday allocation, and if theyre not entitled to it in their contract but the additional bank holiday falls on a normal working day for a part-time worker and they want to take the day off, they would need to use a day of their annual leave allocation to do that. If the contract says employees are entitled to 'all bank and public holidays', employers will be required to gain the extra day as additional leave. The bank holiday will apply in all parts of the UK. We'll be open as normal on Tuesday 20 September. The advice to employers is that the day will operate in the same way as other bank holidays, with no statutory entitlement to time off. Wed recommend sharing your position on the extra bank holiday with your team as soon as possible. Holiday Light Display. Businesses do not need to shut, but they are required to ensure that employees receive their statutory right to a day's paid leave. Schools will be closed on 19th September, forcing many working parents to take the day off - whether their employer chooses to give them paid leave or not. King Charles III has confirmed there will be a UK wide bank holiday on Monday 19 th September 2022 for the funeral of Her Majesty Queen Elizabeth II. It is up to employers to specify whether the statutory 5.6 weeks includes or excludes bank holidays. Monday 19 September, the date of Her Majesty Queen Elizabeth IIs State Funeral, will be a national bank holiday. Unexpected bank holidays: what should employers do? Some councils are still to confirm the closures but schools in Moray have confirmed they will be closed. The wording of employees contracts of employment will determine whether employers should allow staff to take an additional day off. The government has urged employers to respond sensitively to requests for the day off. It is whatever is right and appropriate for your business. Not A Public Holiday: 2nd Sunday in May. My diary has been re-arranged, as I am sure others have had to do too. If youd like more expert help or advice on bank holidays and annual leave, were happy to help get in touch for a chat. Given the circumstances, many businesses have taken the decision to close on this day to allow staff the day off to pay their respects. However, due to . No: the additional bank holiday has been permitted by the UK Government, but is not compulsory for employers and does not form an additional holiday entitlement to the 5.6 weeks annual leave awarded to employees under the Working Time Regulations 1998. Given the circumstances, many businesses have taken the decision to close on this day to allow staff the day off to pay their respects. Following the announcement of a UK bank holiday for Queen Elizabeth II's state funeral on Monday 19 September, employers may need to address certain issues arising during the period of mourning. It is therefore likely that employees with caring responsibilities will require the day off work. Our advice to employers who have not already decided whether to close, is to check your employment contracts now so you can communicate the position to your staff as soon as possible. So if the contract states their annual leave entitlement is a certain number of days plus bank holidays your employeeisentitled to the extra day off. For further news and updates on employment law developments as they happen, please follow our specialist Employment Law Twitter Feed @TLT_Employment and subscribe to our Employment Law Focus podcast the latest episode, on gender equality: a work in progress is availablehere: Employment Law Focus on Apple Podcasts. Do remember any part-time or shift workers you have on your team should not be treated less favourably, and are entitled to the same pro-rata allocation of annual leave, including bank holidays, as their full-time colleagues. There is no statutory entitlement to time off for bank holidays, but employers may include bank holidays as part of a worker's leave entitlement. Finally, bear in mind that an unreasonable refusal to allow employees to take a days leave for unscheduled public holidays may, in some circumstances, amount to a breach of the implied term to maintain employees trust and confidence. The Government announced on 10 September 2022 that Monday, 19 September 2022, will be a bank holiday to coincide with Her Majesty Queen Elizabeth II's State Funeral. Do not allow the bank holiday to be taken at all if the needs of your business cant accommodate this. Example 3 - exhaustive lists '20 days holiday per year plus New Year's Day, Good Friday, Easter Monday, early May bank holiday, spring bank holiday, Christmas day and Boxing day' Expand menu, Services There is no statutory entitlement to time off for bank holidays, but employers may include bank holidays as part of a workers leave entitlement. . 2 days notice for 1 days leave). This will allow individuals, businesses and other organisations to pay their respects to Her Majesty and commemorate Her reign, while marking the final day of the period of national mourning. This article looks at some implications for employers during this period and on the day of the funeral. . Find out The HR documents every business needs, How to reduce employee turnover in a booming jobs market, the contract states entitlement is expressed as a certain number of days plus eight bank holidays (nine in Scotland) or, the contract specifies which bank holidays are included or states the usual or standard bank holidays or. If your contracts differ from the wording examples given, or you dont have contracts in place just yet, now is a good time to get some help putting in writing what you want to provide, to give both you and your teams clarity. In a statement, the . If an individual will have to work on the day of the funeral can they take an additional days holiday another day? If there is no right to the extra day bank holiday, employers can decide to allow employees the extra day off as a gesture of . This means there will be 10 bank holidays in 2022, rather than the usual eight. However, there would be no entitlement to leave for the unscheduled bank holidays if the contract specifies that only the normal scheduled bank holidays are included in an employees leave allowance; some contracts will specify the dates of bank holidays that are included. This will also mark the last day of the period of national mourning following the Queen's death on 8 September 2022. The government cannot interfere in existing contractual arrangements between employers and workers. The UK government advice is that schools will be closed, and at the time of writing, we understand the Scottish Government had written to all 32 Scottish councils with guidance on school closures. However, we would expect that many workers will be able to take the day off on the bank holiday. That said, the government has said that the bank holiday will be a unique national moment, and we would encourage employers to respond sensitively to requests from workers who wish to take time off.. It has been announced today that the 19th September 2022, the Queen's State Funeral at 11 a.m. and it will be a Bank Holiday in England, Wales, Scotland and Northern Ireland. Monday 19 September, the date of Her Majesty Queen Elizabeth II's State Funeral, will be a national bank holiday. . It was announced on Saturday, following the proclamation of King Charles III, that Monday 19 September 2022 will be an additional bank holiday in the UK to allow the public to watch the state funeral of the late Queen Elizabeth II. The government cannot interfere in existing contractual arrangements between employers and workers. . This and any obligation to work bank holidays should be set out in your employment contracts. Murphy Park. A decision will be made nearer the time. Employers may include bank holidays as part of a workers leave entitlement. What are employers obligations when it comes to unexpected bank holidays? Murphy Park and surrounding areas. If an individual will have work on the day of the funeral will they be paid extra? The Government has announced that Monday 19 September 2022 will be a national bank holiday in all parts of the UK for Her Majesty Queen Elizabeth II's State Funeral. President Joe Biden signed the Juneteenth National Independence Day Act into law on June 17, 2021. If employers are unsure whether they need to give their staff the day as paid leave, this article will briefly outline the legal position. In this case, the employer can require the employee to work on 19 September in the usual way. Recognised as a National Day of Mourning, it has been confirmed that schools and colleges, as well as banking institutions will be closed. 2. Contracts which refer to the usual public or bank holidays will not, as this is an additional holiday announced in special circumstances and is not one of the usual 8 bank holidays that can be taken in England and Wales each year. 3. The holiday entitlement will either include or exclude public holidays. I am pleased that it is a bank holiday as I know that many people, not only in the UK but in . Alternatively, your contract or policies may state that the employee is entitled to 5.6 weeks holiday plus the usual 8 public holidays which are recognised in England and Wales. The death of Her Majesty Queen Elizabeth II has triggered a period of national mourning, ending with the State Funeral on 19 September 2022 which has been announced as a bank holiday. Our head of employment law, Katie Ash, offers some advice:. It is up to employers to specify whether the statutory 5.6 weeks includes or excludes bank holidays. Will this bank holiday apply everywhere in the UK? We also expect employers to respond sensitively to requests from workers who wish to take the day of the funeral off work. UPDATED: 6:29 pm 10 Sep 2022. Contact Darwin Grays employment solicitor, Rachel Ford-Evans on [emailprotected] / 02920 829 120 for a free initial chat to see how we can help you or visit www.darwingray.com. Starting Nov. 22, downtown Glendale will light up every night from 5 to 10 p.m. through Jan. 7. On Saturday it was it was confirmed that State Funeral of HM Elizabeth II will take place on 19th September 2022, this was following the confirmation that this will be treated as Bank Holiday during King Charles' proclamation, BEIS have now confirmed the details. Juneteenth for the year 2022 is celebrated/ observed on Sunday, June 19. Monday 19 September, the date of Her Majesty Queen Elizabeth II's State Funeral, will be a national bank holiday, while also marking the final day of the period of national mourning. If you have discretion, given the sensitive nature of the bank holiday, it may be appropriate to approach it differently to other bank holidays but there is no legal requirement to do so. November 22, 2022 - January 7, 2023. The options for employers are: Whichever approach is taken, employers should be aware that feelings are likely to run high over this issue and their communications with staff over it should be handled sensitively and, as is key in employment law, in a reasonable way. If there is no contractual right to leave for the additional bank holiday/ holidays, employers will then need to consider whether to exercise their discretion to grant a days leave in any event. In this case, you can adopt the position that the 19 September holiday is . Will there be a bank holiday for the Coronation? An employer can include bank holidays as part of statutory annual leave. 29. 1. Employers do not have to close, and employers do not have to grant staff a . The Government has announced that Monday 19 September 2022 will be an extra bank holiday. For example, the contract might allow employees a days holiday for all public holidays announced by the government from time to time, or X number of weeks plus bank holidays which would very likely cover the forthcoming bank holiday and any further bank holiday for the Coronation. Although there is no automatic right to an enhanced pay rate, many employers like to offer enhanced pay on bank holidays, or enhanced pay and time off in lieu (known as TOIL) to help secure the staff cover they need. 9:00 a.m. - 10:00 p.m. every day. Employers may include bank holidays as part of a worker's leave entitlement. It was announced on Saturday, following the proclamation of King Charles III, that Monday 19 September 2022 will be an additional bank holiday in the UK to allow the public to watch the state funeral of the late Queen Elizabeth II. Will the bank holiday to mark Queen Elizabeth IIs funeral be an annual holiday? So the next step is for employers to carefully check the wording of their employment contracts to see how leave entitlement operates in the context of public holidays. Can these individuals take this bank holiday off work? So the next step is for employers to carefully check the wording of their employment contracts to see how leave entitlement . Under statute, employees are only entitled to 5.6 weeks' holiday per year, and this can include bank holidays. . The Government has encouraged employers to . If there is no contractual right to leave for the additional bank holiday/ holidays, employers will then need to consider, the impact on their organisation and the extent to which it would be affected by an unscheduled shutdown at short notice. By Amelia Hornsby. The government cannot interfere in existing contractual arrangements between . Expand menu, Locations On 8th September 2022, Queen Elizabeth II, the longest living and reigning British monarch passed away at the age of 96. . However, theyrenotautomatically entitled to an extra days leave if either: Even if youre not under any contractual obligation to provide paid time off on this unique national moment, you might want to consider granting the day regardless or providing time off in lieu if employees are required to work on that day. We just advise you do this as soon as possible to avoid disappointment because like all annual leave requests, they can be rejected. Juneteenth is observed on June 19 each year commemorating the emancipation of the enslaved African Americans back in 1865. The options for employers are: Allow the bank holiday to be taken as a one-off extra day's paid leave; The UK and Welsh Governments have both issued guidance on the additional bank holiday, but this is not very detailed and this means that it is up to employers how they handle this issue, dependent on their contracts of employment and their business needs. Yes, schools will be closed, we are not asking them to remain open on the day of the bank holiday. Under UK employment law, employers therefore do not have to grant the day as annual leave. If you are an employee and are not entitled to the day off, you can request this day as annual leave if you want to take it off. This is a matter for discussion between you and your employer. This video shared by the Liverpool Echo summaries the guidance for 19th September. Employers need to review their contracts and be mindful of how they are worded. With the funeral of Queen Elizabeth II set to take place on 19 September, a Bank Holiday was declared for the same day in England, Scotland, Wales and Northern Ireland. The move means that schools, councils, many businesses and many shops will close for the day. Contrary to common belief, there is no automatic legal entitlement to time off work on a bank holiday. If employers are unsure whether they need to give their . This is a matter for discussion between you and your employer. For the avoidance of doubt, the bank holiday will operate in the same way as other bank holidays, meaning there is no statutory entitlement to time off, but employers may include bank holidays as part of a workers leave entitlement. 30. Sch Additionally, for any employees on maternity leave, if you decide to give all your staff the additional day this year over and above whats in their contract, the extra day should also be added to their entitlement. If a part time employee is entitled to the bank holiday but they dont usually work on a Monday, their entitlement should be adjusted in the usual way to take account of this to ensure they are not disadvantaged compared to full time employees. Banks and postal services will close, as per normal bank holiday rules, but NHS and emergency service staff . This will allow individuals, businesses and other organisations to pay their . This is a matter for discussion between individuals and their employer. An extra bank holiday: what should employers do? Following the announcement of the bank holiday next Monday (19 September) to mark the Queen's funeral our member and employer Contact Centres will be closed. Queen Elizabeth's funeral on Monday 19 September was designated a public holiday which, together with the extra bank holiday granted for the Platinum Jubilee in June, meant 2022 had two additional bank holidays. . Yes, this bank holiday will apply in all parts of the UK. Allow the bank holiday to be taken as a one-off extra days paid leave; Give staff the option of taking it out of their existing annual leave entitlement or as unpaid leave; Ask staff to work the bank holiday, but consider whether they can be given an extra break or extended lunch break to watch the funeral of the Queen; or. Following the announcement of a bank holiday across the United Kingdom for Her Majesty Queen Elizabeth IIs State Funeral on Monday 19 September 2022, as an employer, you may be wondering how to apply this to your team, so we hope you will find this information helpful. Schools, businesses, government offices and the Courts will close for the day, but there is no parallel over-arching legal obligation on employers to allow employees a holiday. This bank holiday is official and applies in the same way as all others. This is a matter for discussion between individuals and their employer. Tom Wood. Will schools be closed on the day of the bank holiday? However, this is yet to be confirmed and may not take place for some time; Queen Elizabeth IIs Coronation did not take place until sixteen months after her accession. If an employee is not expressly entitled to the bank holiday but would like to take the day, they can of course request to take it as annual leave in the usual way. This would be our recommendation. No decision has yet been made. Tom Wood. Our web chat service will also be unavailable. Expand menu, News & Insights 6:29 pm 10 Sep 2022. Last Updated: 12/09/2022 15:17. . By Wire. There are no statutory rules regarding extra pay on bank holidays. Bank holiday closure - 19 September. The monarch's funeral will be held today, Monday September 19, after King Charles III approved the day a bank holiday. This is a matter for discussion between you and your employer. How to see Glendale Glitters in 2022. Not a public holiday: Monday: Jul 04: Independence Day: Federal Holiday: Monday: Sep 05: Labor Day: Federal Holiday: 1st Monday in September . 13/09/2022. With the funeral of Queen Elizabeth II set to take place on 19 September, a Bank Holiday was declared for the same day in England, Scotland, Wales and Northern Ireland. 2. For further news and updates on employment law developments as they happen, please follow our specialist Employment Law Twitter Feed @TLT_Employment and subscribe to our Employment Law Focus podcast the latest episode, on gender equality: a work in progress is availablehere: Business visits to UK set to change for some in 2023, Venture debt - an overview for fast-growth businesses, Welcome judgment for lenders dealing with section 75 cases, Preparing for the Pensions Regulator's new single code, HR Leaders' Exchange - Menopause in the workplace, Pensions Ombudsman update - December 2022, Electric vehicle charging infrastructure: The outlook in Northern Ireland. The Department for Business, Energy & Industrial Strategy has prepared further information, below, which employers should take note of: Does this bank holiday mean individuals can have the day off work? The bank holiday on 19 September for Her Majesty Queen Elizabeth II's State Funeral will be a unique national moment, and we would encourage employers to respond sensitively to requests from workers who . Over the weekend the arrangements for the HM Elizabeth III funeral and any subsequent Bank Holiday were confirmed. This naturally raised a lot of questions from businesses and employees as to what the options are and whilst employers will want . However, we would expect that many workers will be able to take the day off on the bank holiday. THE death of Queen Elizabeth II at the age of 96 has shocked the UK. If there is no written contract of employment, there is no statutory right to the bank holiday, so the default position would be that it is worked, unless you decide to offer it as an additional holiday. The bank holiday on Monday 19th September is not normally observed and the employee is not entitled to it unless they use their existing holiday allowance. Registered Office: Victoria House, 10 Victoria Crescent, Elgin, IV30 1RQ, Queen Elizabeth II Funeral Bank Holiday Guidance for Employers, If you are concerned about returning to work or are an employer with an employee concerned about returning to work, please get in touch with us at. The event will kick off with a 6 p.m. ceremony on Monday, Nov . It has also been suggested that the Coronation of King Charles III will be a bank holiday. Not a public holiday: Monday: May 30: Memorial Day: Federal Holiday: Last Monday in May: Sunday: Jun 19: Father's Day: Not A Public Holiday: 3rd Sunday in June. Contracts which refer to the right to take all public or bank holidays, for example, may tie employers hands. Do employers have to give staff the day off work? Call 0800 231 5199 to learn more. Following the tragic death of Her Majesty Queen Elizabeth II, and the order by King Charles III that an additional one-off bank holiday will take place on Monday 19 th September 2022 for the Queen's State Funeral. There are currently no plans for an annual holiday. Monday 19 th September 2022 - National Bank Holiday for Her Majesty's State Funeral. 5:00 - 10:00 p.m. each evening. Despite being a bank holiday, its not automatically a day off for everyone, and whether or not you need to grant your employees time off for this additional day will depend on the wording in their employment contracts. What is Safe-T-Cert and what is involved. Guidance for employers on the upcoming bank holiday - Monday 19th September . However, due to . Coming to the West Valley for the first time are the Light the World Giving Machines. The Palace have announced that there will be an extra Bank Holiday on Monday 19 th September for the Queen's funeral. HR News is managed and published by Codel Software Ltd. We also expect employers to respond sensitively to requests from workers who wish to take the day of the funeral off work. it added. Light the World Giving Machines. Employers may wish to take into account factors such as: 4. In Jersey, the States of Jersey passed an amendment so that the 19 September 2022 has been formally named as a public holiday under the Public Holidays and Bank Holidays (Jersey) Act 2010. Do you need employment law advice? Under statute, employees are only entitled to 5.6 weeks holiday per year, and this can include bank holidays. the entitlement is to a certain number of days per year and doesnt mention bank holidays. Monday 19 September, the date of Her Majesty Queen Elizabeth II's State Funeral, will be a national bank holiday. September 10, 2022 By Bater Law. This additional bank holiday comes on top of the additional bank holiday we had for the Queen's Platinum Jubilee in June 2022. This can entitle employees to resign and claim constructive unfair dismissal, so please do speak to your usual TLT contact if you are unsure. Unlike the additional bank holiday awarded as part of the Queens Jubilee celebrations earlier this year, employers only have a few days to plan whether and how they will allow staff to take this holiday. the extent to which employees feel personally affected by events. Bank holiday: Schools will close - and guidance for employers and the public. The announcement that there is a bank holiday on Monday 19 September 2022, in the United Kingdom to mark the State Funeral of Queen Elizabeth II will have an effect on many workers. This places responsibility Guidance for Employers on 19 September 2022 Bank Holiday Read . If you are concerned about returning to work or are an employer with an employee concerned about returning to work, please get in touch with us at adelle@am-employment-law.co.uk and wed be happy to help. This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement to time off. Designed by Elegant Themes | Powered by WordPress. However, bank or public holidays do not have to be given as paid leave. King Charles III has confirmed there will be a UK wide bank holiday on Monday 19th September 2022 for the funeral of Her Majesty Queen Elizabeth II. If an individual has annual leave booked for the day of the funeral will they be able to reclaim this leave? Employers may include bank holidays as part of a worker's leave entitlement. This means that 2022 will see 10 bank holidays rather than the usual 8 days. Sectors That said, it seems very unlikely that belief in the monarchy as an institution would amount to a protected philosophical belief under equalities legislation (GB only), so the risk of discrimination claims is likely to be low. If employers are unsure whether their staff are entitled to this day off, the first thing to do is double check the wording of the employment contract regarding public holidays. Monday 19 September will be a national bank holiday to coincide with Her Majesty Queen Elizabeth II's State Funeral, and to mark the last day of the period of national mourning. The bank holiday will take place across the United Kingdom. When deciding whether to allow the worker time off for the bank holiday on 19 September 2022, the first thing employers will need to do is check the contract of employment. Is it the law that employees have to be given the day off? 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