Reasons to choose Wilson Browne
What do I need to know as an employer about the additional bank holiday on 19 September 2022?
Do I have to give my employees an extra day’s holiday?
The bank holiday announced for Monday 19 September 2022 is an official bank holiday, and should therefore be considered in the same light as all others. If your employment contract states an employee’s holiday entitlement is a certain number of days “plus bank holidays”; those employees will be entitled to an additional day this year. That entitlement does not apply if their employment contract states their holiday entitlement is a certain number of days “including bank holidays” or otherwise makes reference to the usual 8 bank holidays. So check what your contracts say.
What about part-timers who don’t work Mondays?
Employers need to be aware that any decisions they make do not give rise to a potential claim under the Part-time Workers Regulations or indirect sex discrimination legislation.
Part-time workers who do not work Mondays will potentially lose out if not given some form of additional holiday entitlement to reflect this additional bank holiday. That holiday entitlement can then be taken at another time when they would otherwise work. All part-time workers must be treated the same irrespective of what days they work.
Do I have to give a part-time worker the full day or can I pro-rata?
Some employers adopt the pro-rata approach (E.g. if their part-time employee works half as many hours as their full-time equivalent, their entitlement for Monday’s bank holiday is an additional half day). Others will apply a blanket approach and give all employees the full day even though this means part-time employees are effectively receiving preferential treatment.
Do I have to allow my employee time off on Monday?
This will be dependent on the terms of their contract. Generally, though, there is no right to time off on specific days and employers can require employees to work on Monday and, instead, allow them to take the additional holiday at some other time.
Is it just employees who have this entitlement?
No. The right to holidays extends to employees and workers alike.