Posted by Richard Woodman, Partner
Is the Queen going to give you a day off on Monday?
Richard Woodman, Partner in the Employment Team at Royds Withy King said: “It is possible for a bank holiday to be appointed by Royal Proclamation at short notice in an emergency or special situation.”
“Many would argue that England winning the world cup would be a historical event to rival many special occasions including the Golden Jubilee. But even if the people’s petition falls on deaf ears, employers may themselves decide to grant staff an extra day off as part of the celebrations.
Holiday entitlement is generally set out in an employee’s contract of employment. It cannot be less than the statutory minimum entitlement which, for a full time worker, amounts to 5.6 weeks paid holiday (28 days) in a year under the Working Time Regulations 1998. Holiday entitlement is calculated on a pro rata basis for workers who work part time according to the number of days/hours they work each week.
Statutory holiday entitlement often includes the eight days public and bank holidays in the England and Wales. However, some employers grant these days as additional paid leave to the statutory 28 day holiday entitlement. There is no statutory right to time off, paid or otherwise, on bank and public holidays, and for some industries, like retail, travel and the emergency services, working on a public and bank holiday is a commercial and operational necessity. Ultimately, granting paid time off to mark a special occasion would be a managerial decision but if an employer does not want to play ball, employees should be warned that taking unauthorised leave to celebrate England’s victory is likely to amount to a disciplinary offence.”
It pays to employ the right employment solicitor