2012.....an extra Bank Holiday?

  This year the Queen celebrates her Diamond Jubilee. The occasion will be marked by an extra long weekend as Tuesday 5^th June has been declared a Bank Holiday. The late May bank holiday will be moved to Monday 4^th June therefore creating an extra long weekend similar to the extra Bank Holiday last year for the Royal Wedding.

Although the additional Bank Holiday has been declared, employees must not presume that they have the right to the days annual leave as there is no automatic right. Employees are encouraged to check their contractual right under their Contract of Employment for clarification.

Your Contract of Employment at a minimum will allow for 28 days holiday (the statutory entitlement) it will be expressed whether this includes Bank Holidays. If your contract states “you are entitled to 28 days holiday in each holiday year” you have no contractual entitlement to take additional bank holidays. Where you Contract does not allow for additional Bank Holidays Employees will have to request the days annual leave using the normal process, of course Employers are entitled to refuse such a request.

Alternatively your Contract of Employment will allow for a set number of days annual leave together with all Bank and Public Holidays, if this is the case contractually you will be entitled to the additional day.

Please therefore do not presume that because there is an additional Bank Holiday in June 2012 that as an employee you have the right to an extra day off as this may not be the case. If you are unsure or your Contract is unclear you are advised to seek clarification from Management.

Employers be aware of the additional day, make it clear to employees the position within your Company by referring employees to their Contracts of Employment. Of course, Contracts may not allow for the additional day but Management may use their discretion to allow leave for the historic occasion.

Should you have any questions regarding entitlement to annual leave and the additional Public Holiday please do not hesitate to contact our Rebecca Hardy 01432 278 179 or rh@kidwellssolicitors.co.uk