National Day of Mourning Bank Holiday – 19th September
Following the sad news of Her Majesty the Queen’s death last Thursday, you may already know the date of her funeral Monday 19th September 2022 has been declared a bank holiday across the UK.
We thought it would be useful to share some guidance with you on your obligations to give time off to your team on this date.
There is no automatic right to paid time off on a bank holiday, whilst we appreciate it is short notice you should be mindful of the impact on team morale if you do not accommodate it. After her historic reign, the death of the Queen is a monumental occasion in British history and many of your team may want to pay their respects either by attending the procession on the day or watching at home with family.
However, the wording of your contract of employment determines your actual obligation to allow your team members to take the day off on additional bank holiday dates.
If your contract states your holiday entitlement plus bank holidays (for example you are entitled to 20 days per annum plus bank holidays), then you are required to give your employees the additional bank holiday. If you are unable to accommodate this on 19th September, you should allow the day to be taken at an alternative date.
If your contract states your holiday entitlement including bank holidays (for example you are entitled to 28 days including bank holidays), then you are not required to give your employees the additional bank holiday. If you opt to do so then the day should be taken from their holiday entitlement unless you opt to use your discretion to allow for another date
If your contract outlines the number of bank holidays you will provide (for example 20 days plus 8 bank holidays) then you are not required to give your employees the additional bank holiday. If you opt to do so then the day should be taken from their holiday entitlement unless you opt to use your discretion to allow for another date
If you want to give your employees the additional day, but for business reasons aren't able to offer it on the 19th, here are some options you might want to consider:
Asking your team if anyone would volunteer to work on the day in lieu of another holiday day
Running a limited team to cover for emergencies and work which cannot be moved
Offering the opportunity to work from home
Please do not hesitate to contact us if you require advice on the specific wording of your contract or an individual employee’s circumstances.