19th September Bank Holiday- Are Workers Entitled to an Extra Day of Statutory Leave?

It has been announced that Monday 19th September will be a bank holiday to coincide with Her Majesty Queen Elizabeth II's State Funeral. This may leave workers and employers alike confused about what should be done regarding leave on this day.

Schools across the UK will be closed and many workplaces may choose to close for the day, however this does not mean that workers will have any statutory entitlement to any extra holiday. The government is unable to interfere in existing contractual arrangements between employers and workers, so they are unable to enforce that workers take the day as leave.

Workers are entitled to 28 days annual leave, which usually includes bank holidays. It is ultimately up to the employer to discuss with the worker whether this bank holiday will be counted towards their annual holiday entitlement or whether it will be granted as an extra day of leave. Contractually and legally you are not obligated to grant an extra day, and the day can be taken from their remaining holiday for this year.

However, if your employee’s contract states that they are entitled to 20 days holiday plus bank holidays (there are usually 8 per year), then they will have the right to take next Monday off as paid leave.

For part time workers, the fact that their entitlement can be calculated on a pro-rata basis, whether or not you grant the holiday to their full-time counterparts could have a knock-on effect to their holiday entitlement. For example, if you do choose to grant the day, then an employee who is entitled to 3/5ths of the holiday that their full-time counterpart is entitled to, will now be entitled to 3/5ths of 29 days rather than 3/5ths of 28 days.

You also have the option to allow workers to work the day and either get paid extra, or to be granted another day of leave later on in the year- this is also entirely up to your discretion. If workers choose to work any bank holiday there are no statutory rules regarding extra pay.

To conclude, the day should be treated exactly the same as any other bank holiday, and since there is no statutory requirement for time off for bank holidays, it is up to employers and workers to discuss and come to a conclusion on whether they will be granted an extra day of leave.