Next month, there will be an additional bank holiday on Friday 3 June to celebrate the Queen’s Platinum Jubilee. This poses the question: are all employees entitled to take this extra time off, and will this be made a permanent addition?

Establishing a Contractual Entitlement

Entitlement to the Platinum Jubilee bank holiday is governed by each employee’s contract of employment alongside the Working Time Regulations 1998. It may come as a surprise to some to learn that there is no overriding statutory duty for an employer to allow their workforce the additional day off after it is nominated as a bank holiday.

To ensure clarity for employees about whether they will be entitled to the additional bank holiday, employers are advised to check the wording of their employees’ contracts and communicate this with employees.

There are three possible scenarios when looking at the employment contract to determine bank holiday entitlement:

1. Scenario One

Employees will be entitled to the additional paid day off if their contract states their annual leave is a certain number of days “plus bank holidays”.

This wording is not restricted to only the “usual bank holidays observed in England and Wales” which means employees can enjoy the entitlement to any additional bank holidays that are introduced.

2. Scenario Two

Employees will potentially be entitled to the additional time off if their contract states either:

(a) that their annual leave is a certain number of days “plus the eight bank holidays in England and Wales”; or

(b) that their annual leave is “inclusive of bank holidays” as one figure, for example “28 days’ holiday inclusive of the usual bank holidays in England and Wales”.

In these instances, the bank holidays included have not been specified, meaning the employee can book the additional bank holiday as paid time off. However, this would likely mean having to forfeit one of the later bank holidays in the year if a strict policy is being adopted in relation to bank holiday entitlement.

3. Scenario Three

Employees will not be entitled to the additional time off if their employment contract specifically lists the bank holidays that they are entitled to receive paid time off for i.e. lists the specific names and dates of the usual bank holidays in England and Wales in the normal calendar year, or states it is only to be those “usually observed in England and Wales”.

If current wording in the employment contract does not provide the additional entitlement to paid time off on additional bank holidays, or is silent on the issue, employers should consider whether it would be practical and financially viable for its business to allowing the employees the time off regardless as a gesture of goodwill.

Future Proposals

The additional Platinum Jubilee bank holiday is a one-off event. However, there have been recent campaigns launched in support of other annual bank holidays. This includes a proposal for a ‘Thank Holiday’ starting in 2023, which would be a dedicated day of thanks to recognise the Queen’s service over the past 70 years, as well as those who serve the community. This would effectively make the additional bank holiday introduced for this year’s Platinum Jubilee celebrations a permanent addition.

Ministers are set to look into proposals to make this permanent change, with business leaders including Deborah Meaden and Carolyn McCall promoting the benefits of the potential societal and economical boost it could bring.

If additional annual holidays were to be introduced, employers would need to take a longer-term view of the contractual issues discussed above, which includes potentially making amendments to existing employment contracts where such additional entitlement is not currently provided for.

To speak to a solicitor about an employment law issue (including advice on employee holiday entitlements), you can contact the London Employment Team on 0345 241 5305. You can also fill out our online enquiry form, and a member of the team will call you back promptly.