Do you know your Annual Leave Contractual Obligations for the Coronation of King Charles III?
You may be asking whether your employees are entitled to take time off for the additional national Bank Holiday for the Coronation of King Charles III, which has been announced by the Government for Monday 8 May 2023, two days after the Coronation ceremony on Saturday 6 May 2023.
What are my obligations?
Many of our clients have asked whether they are required to give the additional Bank Holiday to their employees as an extra day of leave. The answer is that it depends on the terms of the employment contract.
As an Employer, you should check individual employment contracts to see how the holiday entitlement terms are worded.
If the employment contract indicates that an employee is entitled to Bank Holidays in addition to their annual holiday entitlement but it does not state the number or specific days of the Bank Holidays, it will be interpreted that employees will be entitled to holiday on all Bank Holidays.
Alternatively, if the employment contract says that the employee is entitled to eight Bank Holidays (in England) or the “usual” Bank Holidays, or states that Bank Holidays are included in the employee’s annual holiday entitlement of X days, as an Employer you will not be required to give the 8 May 2023 as an additional day of paid holiday.
Failure to honour the contractual rights outlined in contracts of employment could risk ‘Breach of Contract’ claims being brought against you and your Company.
In addition to contractual wording, you should also consider what you did previously with the additional Bank Holidays in 2022. If you gave the additional day of holiday previously, then employees may consider that it is an implied term of their contract that they will be given it again on this occasion.
If there is no contractual right to the additional Bank Holiday, you may decide to remain open and operational on this day, thus requiring employees to work. If this is decided, early communication of intentions and expectations is highly advisable. This is even more important if a discretionary Bank Holiday was granted for either/both extra Bank Holidays in 2022.
It is important that part-time employees are treated in the same way as their full-time colleagues, along with any who may be on Maternity Leave, with entitlements pro-rated and/or accrual to reflect to avoid any potential discrimination claims.
Can I just offer the day as best practice?
Regardless of the contract terms, as an Employer you may decide to give this as a day of leave anyway. If you do this is likely to be well received by employees. It may help you to retain and incentivise employees during what has been coined “the Great Resignation”.
How can we help?
As always, our team are here to provide help and advice, and we are happy to look at your Employement Contracts to ensure your actions are legally compliant and that we can bring out the absolute best in your people.
Call us on: 0333 0069489 or email us on: [email protected]
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