Insights
Within the UK, employees are entitled to bank holiday days as part of their annual holiday entitlement. England and Wales have 8 days, Scotland get 9 and Northern Ireland get 10 days as bank holidays. However, this year all of the countries within the UK will receive one extra bank holiday to celebrate the coronation of King Charles III.
So, what’s changing?
This year, there will be an additional bank holiday day to celebrate the coronation of King Charles III on Monday 8th May 2023.
What are our legal obligations?
Whilst the government have announced an additional day as bank holiday, you do not have a legal obligation to recognise the additional bank holiday, or to close the business, or pay the premium rate if you choose to make your employees work.
When considering whether to allow employees the additional bank holiday, we would recommend considering what has been done previously as to take a different approach in respect of the extra bank holiday in 2023, may cause negative reactions amongst your employees (in particular the employees who were working with you when there were previously additional bank holiday days granted, such as in 2022).
Refer to your employee handbook
If you have the Alcumus tailored employee handbook, there is a clause in the Holiday Entitlement section that relates to additional bank holidays, unless you have specifically requested not to include this clause.
The employee handbook will state that every case will be considered on its own merits and any decision to allow or recognise the additional day’s leave (whether unpaid or paid) will be strictly at the discretion of the Company and dependent upon the needs of the business. It also states that it is a condition of employment that your employees are prepared to work on a recognised and customary public holiday if they are required to do so.
If the clause is not in your employee handbook, it is best to check your employee’s contract of employment before making arrangements for the additional bank holiday. For examples of the employee’s entitlement based on their contracted terms, see details below.
| Wording within contracts of employment | Entitlement to the additional bank holiday |
| 20 days per annum plus bank holidays | If the number of bank holidays are not stated, then the employee would be entitled to paid time off for the additional bank holiday |
| 20 days per annum plus 8 recognised bank holidays | The employee is entitled to 8 (or the listed) bank holidays, so the additional day would be granted and paid at your discretion. |
| 28 days per annum | The employee is entitled to 28 days holiday, so the additional bank holiday day would be granted and paid at your discretion. |
| 28 days per annum inclusive of the 8 recognised bank holidays | The employee is entitled to 8 (or the listed) bank holidays, so the additional day would be granted and paid at your discretion. |
Consulting your employees
While you may expect your employees are aware of the bank holiday changes, you must communicate with them about what they are entitled to, in line with their terms and conditions of employment.
If you choose to provide the additional day, inform your employees so that they are aware of the additional day’s leave. The same goes for if you are not going to give the additional day, inform your employees so they are aware that they are expected to work that day.
However, if you are going to grant the additional bank holiday but not on the specified date (Monday 8th May 2023), you must let your employees know that the day will be given to them as time off in lieu.
If you have any queries regarding the arrangements of the additional bank holiday, please contact the Alcumus SafeWorkforce.
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