It might still be a few months away but it's good to be prepared about employees rights and their entitled to the extra bank holiday on 8th May 2023.
It is not a Yes or No answer so I have pulled together a guide for you so you know your obligations.
2 days ago the government announced that there would be an extra bank holiday on the 8th May 2023 to celebrate the coronation of `king Charles III.
As a business do you know how this extra day's holiday affect you and what preparations do you need to make?
Are employees entitled to the extra bank holiday?
You are probably wondering if your employees are legally entitled to the extra bank holiday and if you will have to plan to give them the day off?
There is no one answer that fits everyone as it will depend on what your employee contract says.
There is no statutory right to paid time off on 8th May or on any other bank holiday however there is a legal right to a minimum of 5.6 weeks per year which may or may not include bank holidays. Again it depends on how your employment contract is worded.
Your employees may have a contractual right to paid time off on the jubilee bank holiday, again depending on the wording of their contract. For example:
If their contract states that they are entitled to x days annual leave plus bank holidays then there is an entitlement to receive the jubilee bank holiday.
However below are a few examples of contract wording that means your employee would not be entitled to a paid day off on 8th May 2023.
‘X days annual leave which includes public holidays’
‘X days annual leave plus eight bank holidays’ (or ‘plus nine bank holidays’ for Scotland)
‘X day annual leave plus New Year’s Day, Good Friday, Easter Monday, May Bank Holiday, Spring Bank Holiday, Summer Bank Holiday, Christmas Day, Boxing Day’
If your employees are not entitled to a paid day off you have an expectation that they will work on the bank holiday unless it falls on a non working day for them. If you decide to close your business for the day you have three options:
Gift them an extra non-contractual paid day off
Ask if they would like to take it as a days unpaid holiday
Ask if they would like to take holiday from their annual entitlement
When is the extra bank holiday?
The bank holiday will be held on Monday 8th May 2023. The other bank holidays in May (1st and 29th) remain unchanged.
Are employees entitled to extra pay if they work on the coronation bank holiday?
This question again depends on how the employee contract is written. If the contract states that the employee is entitled to an extra payment / higher rate of pay the employee should receive the higher rate if they work on 8th May. If there is nothing specifying an extra payment / higher rate of pay then the employee is not entitled to an additional payment.
What do I as an employer need to do, to prepare for the bank holiday?
I have listed a few things you need to think about and communicate as soon as possible.
Firstly determine your employees contractual rights
Assess the impact of the extra bank holiday and plan your resources accordingly. If you are going to be open, how many staff will you require and how many could take holiday if they wish.
Decide on a fair way to allocate annual holiday requests if your business will remain open. There is likely to be a higher number of employees requesting 3rd June as holiday if they are not entitled to it. This process should be clearly communicated as soon as possible and make sure this process does not discriminate against part time workers which leaves you open to legal action being taken.
Communicate the information regarding the jubilee bank holiday weekend in a timely manner and well in advance of 3rd June to allow employees and yourself to plan. If you are closing for the day and the employee is required to take holiday or unpaid leave advance notice of this crucial so they can plan and budget accordingly.
Need more help?
If you need some more support I would love to help so book in a 30 minute free no obligation chat https://go.oncehub.com/SallyBrandon .