If an individual has annual leave booked for the day of the funeral will they be able to reclaim this leave? In this case, the employer can require the employee to work on 19 September in the usual way. The Government announced on 10 September 2022 that Monday, 19 September 2022, will be a bank holiday to coincide with Her Majesty Queen Elizabeth II's State Funeral. Find out The HR documents every business needs, How to reduce employee turnover in a booming jobs market, the contract states entitlement is expressed as a certain number of days plus eight bank holidays (nine in Scotland) or, the contract specifies which bank holidays are included or states the usual or standard bank holidays or. Queen Elizabeth's funeral on Monday 19 September was designated a public holiday which, together with the extra bank holiday granted for the Platinum Jubilee in June, meant 2022 had two additional bank holidays. Tom Wood. The announcement that there is a bank holiday on Monday 19 September 2022, in the United Kingdom to mark the State Funeral of Queen Elizabeth II will have an effect on many workers. We just advise you do this as soon as possible to avoid disappointment because like all annual leave requests, they can be rejected. It is up to employers to specify whether the statutory 5.6 weeks includes or excludes bank holidays. Some councils are still to confirm the closures but schools in Moray have confirmed they will be closed. Wed recommend sharing your position on the extra bank holiday with your team as soon as possible. Expand menu, Services Tom Wood. September 10, 2022 By Bater Law. Monday 19 September, the date of Her Majesty Queen Elizabeth IIs State Funeral, will be a national bank holiday. On 8th September 2022, Queen Elizabeth II, the longest living and reigning British monarch passed away at the age of 96. . An employer can include bank holidays as part of statutory annual leave. The bank holiday will apply in all parts of the UK. 2. More information. The wording of employees contracts of employment will determine whether employers should allow staff to take an additional day off. Monday 19 September, the date of Her Majesty Queen Elizabeth II's State Funeral, will be a national bank holiday. Finally, bear in mind that an unreasonable refusal to allow employees to take a days leave for unscheduled public holidays may, in some circumstances, amount to a breach of the implied term to maintain employees trust and confidence. Allow the bank holiday to be taken as a one-off extra days paid leave; Give staff the option of taking it out of their existing annual leave entitlement or as unpaid leave; Ask staff to work the bank holiday, but consider whether they can be given an extra break or extended lunch break to watch the funeral of the Queen; or. Holiday Light Display. 6:29 pm 10 Sep 2022. 29. Given the circumstances, many businesses have taken the decision to close on this day to allow staff the day off to pay their respects. Monday 19 September, the date of Her Majesty Queen Elizabeth II's State Funeral, will be a national bank holiday. President Joe Biden signed the Juneteenth National Independence Day Act into law on June 17, 2021. Following the announcement of a bank holiday across the United Kingdom for Her Majesty Queen Elizabeth IIs State Funeral on Monday 19 September 2022, as an employer, you may be wondering how to apply this to your team, so we hope you will find this information helpful. Call 0800 231 5199 to learn more. Contracts which refer to the usual public or bank holidays will not, as this is an additional holiday announced in special circumstances and is not one of the usual 8 bank holidays that can be taken in England and Wales each year. If a part time employee is entitled to the bank holiday but they dont usually work on a Monday, their entitlement should be adjusted in the usual way to take account of this to ensure they are not disadvantaged compared to full time employees. It was announced on Saturday, following the proclamation of King Charles III, that Monday 19 September 2022 will be an additional bank holiday in the UK to allow the public to watch the state funeral of the late Queen Elizabeth II. Following the announcement of a UK bank holiday for Queen Elizabeth II's state funeral on Monday 19 September, employers may need to address certain issues arising during the period of mourning. HR News is managed and published by Codel Software Ltd. The monarch's funeral will be held today, Monday September 19, after King Charles III approved the day a bank holiday. Schools, businesses, government offices and the Courts will close for the day, but there is no parallel over-arching legal obligation on employers to allow employees a holiday. How to see Glendale Glitters in 2022. In this case, you can adopt the position that the 19 September holiday is . Unlike the additional bank holiday awarded as part of the Queens Jubilee celebrations earlier this year, employers only have a few days to plan whether and how they will allow staff to take this holiday. Expand menu, Locations Following the tragic death of Her Majesty Queen Elizabeth II, and the order by King Charles III that an additional one-off bank holiday will take place on Monday 19 th September 2022 for the Queen's State Funeral. It was announced on Saturday, following the proclamation of King Charles III, that Monday 19 September 2022 will be an additional bank holiday in the UK to allow the public to watch the state funeral of the late Queen Elizabeth II. 2. . If you require your employees to use a day from their holiday entitlement (for example if the business will be closed), dont forget that you need to give double the amount of notice as the number of days you require your employees to take (i.e. This will allow individuals, businesses and other organisations to pay their . Is this an official bank holiday, or does it have a special status? The options for employers are: Allow the bank holiday to be taken as a one-off extra day's paid leave; This means that 2022 will see 10 bank holidays rather than the usual 8 days. For example, the contract might allow employees a days holiday for all public holidays announced by the government from time to time, or X number of weeks plus bank holidays which would very likely cover the forthcoming bank holiday and any further bank holiday for the Coronation. The government cannot interfere in existing contractual arrangements between employers and workers. THE death of Queen Elizabeth II at the age of 96 has shocked the UK. Alternatively, your contract or policies may state that the employee is entitled to 5.6 weeks holiday plus the usual 8 public holidays which are recognised in England and Wales. This and any obligation to work bank holidays should be set out in your employment contracts. If employers are unsure whether their staff are entitled to this day off, the first thing to do is double check the wording of the employment contract regarding public holidays. The bank holiday on Monday 19th September is not normally observed and the employee is not entitled to it unless they use their existing holiday allowance. 2 days notice for 1 days leave). King Charles III has confirmed there will be a UK wide bank holiday on Monday 19th September 2022 for the funeral of Her Majesty Queen Elizabeth II. Can these individuals take this bank holiday off work? Bank holiday closure - 19 September. My diary has been re-arranged, as I am sure others have had to do too. This video shared by the Liverpool Echo summaries the guidance for 19th September. Over the weekend the arrangements for the HM Elizabeth III funeral and any subsequent Bank Holiday were confirmed. Contracts which refer to the right to take all public or bank holidays, for example, may tie employers hands. That said, the government has said that the bank holiday will be a unique national moment, and we would encourage employers to respond sensitively to requests from workers who wish to take time off.. Sch So if the contract states their annual leave entitlement is a certain number of days plus bank holidays your employeeisentitled to the extra day off. It is up to employers to specify whether the statutory 5.6 weeks includes or excludes bank holidays. If your contracts differ from the wording examples given, or you dont have contracts in place just yet, now is a good time to get some help putting in writing what you want to provide, to give both you and your teams clarity. This would be our recommendation. In a statement, the . However, this is yet to be confirmed and may not take place for some time; Queen Elizabeth IIs Coronation did not take place until sixteen months after her accession. Businesses do not need to shut, but they are required to ensure that employees receive their statutory right to a day's paid leave. By Amelia Hornsby. However, due to . Under statute, employees are only entitled to 5.6 weeks holiday per year, and this can include bank holidays. The UK government advice is that schools will be closed, and at the time of writing, we understand the Scottish Government had written to all 32 Scottish councils with guidance on school closures. The death of Her Majesty Queen Elizabeth II has triggered a period of national mourning, ending with the State Funeral on 19 September 2022 which has been announced as a bank holiday. For some employers, it will not be possible to do so. That said, it seems very unlikely that belief in the monarchy as an institution would amount to a protected philosophical belief under equalities legislation (GB only), so the risk of discrimination claims is likely to be low. If an employee is not expressly entitled to the bank holiday but would like to take the day, they can of course request to take it as annual leave in the usual way. Unexpected bank holidays: what should employers do? Our head of employment law, Katie Ash, offers some advice:. Will this bank holiday apply everywhere in the UK? There is no statutory right to extra pay, for example time and a half or double time, when an employee works on a bank holiday . This is a matter for discussion between you and your employer. This can entitle employees to resign and claim constructive unfair dismissal, so please do speak to your usual TLT contact if you are unsure. If you have discretion, given the sensitive nature of the bank holiday, it may be appropriate to approach it differently to other bank holidays but there is no legal requirement to do so. Yes, this bank holiday will apply in all parts of the UK. . Recognised as a National Day of Mourning, it has been confirmed that schools and colleges, as well as banking institutions will be closed. The advice to employers is that the day will operate in the same way as other bank holidays, with no statutory entitlement to time off. Murphy Park. For further news and updates on employment law developments as they happen, please follow our specialist Employment Law Twitter Feed @TLT_Employment and subscribe to our Employment Law Focus podcast the latest episode, on gender equality: a work in progress is availablehere: Business visits to UK set to change for some in 2023, Venture debt - an overview for fast-growth businesses, Welcome judgment for lenders dealing with section 75 cases, Preparing for the Pensions Regulator's new single code, HR Leaders' Exchange - Menopause in the workplace, Pensions Ombudsman update - December 2022, Electric vehicle charging infrastructure: The outlook in Northern Ireland. However, we would expect that many workers will be able to take the day off on the bank holiday. If an individual will have work on the day of the funeral will they be paid extra? Our advice to employers who have not already decided whether to close, is to check your employment contracts now so you can communicate the position to your staff as soon as possible. . This will also mark the last day of the period of national mourning following the Queen's death on 8 September 2022. 30. If there is no contractual right to leave for the additional bank holiday/ holidays, employers will then need to consider whether to exercise their discretion to grant a days leave in any event. This is a matter for discussion between you and your employer. If youd like more expert help or advice on bank holidays and annual leave, were happy to help get in touch for a chat. This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement to time off. Do you need employment law advice? Employers may include bank holidays as part of a worker's leave entitlement. Not A Public Holiday: 2nd Sunday in May. This will allow individuals, businesses and other organisations to pay their respects to Her Majesty and commemorate Her reign, while marking the final day of the period of national mourning. The government has urged employers to respond sensitively to requests for the day off. We also expect employers to respond sensitively to requests from workers who wish to take the day of the funeral off work. it added. If there is no right to the extra day bank holiday, employers can decide to allow employees the extra day off as a gesture of . So the next step is for employers to carefully check the wording of their employment contracts to see how leave entitlement . The government cannot interfere in existing contractual arrangements between employers and workers. Under statute, employees are only entitled to 5.6 weeks' holiday per year, and this can include bank holidays. Expand menu, News & Insights The bank holiday will take place across the United Kingdom. Starting Nov. 22, downtown Glendale will light up every night from 5 to 10 p.m. through Jan. 7. No decision has yet been made. The move means that schools, councils, many businesses and many shops will close for the day. Employers may wish to take into account factors such as: 4. Employers do not have to close, and employers do not have to grant staff a . 9:00 a.m. - 10:00 p.m. every day. There is no statutory entitlement to time off for bank holidays, but employers may include bank holidays as part of a workers leave entitlement. . Some employment contracts ask individuals to work some Saturdays/bank holidays. . Monday 19 th September 2022 - National Bank Holiday for Her Majesty's State Funeral. 1. Example 3 - exhaustive lists '20 days holiday per year plus New Year's Day, Good Friday, Easter Monday, early May bank holiday, spring bank holiday, Christmas day and Boxing day' The Government has encouraged employers to . Given the circumstances, many businesses have taken the decision to close on this day to allow staff the day off to pay their respects. What is Safe-T-Cert and what is involved. Not a public holiday: Monday: Jul 04: Independence Day: Federal Holiday: Monday: Sep 05: Labor Day: Federal Holiday: 1st Monday in September . If there is no written contract of employment, there is no statutory right to the bank holiday, so the default position would be that it is worked, unless you decide to offer it as an additional holiday. With the funeral of Queen Elizabeth II set to take place on 19 September, a Bank Holiday was declared for the same day in England, Scotland, Wales and Northern Ireland. Employers need to review their contracts and be mindful of how they are worded. If employers are unsure whether they need to give their . However, theyrenotautomatically entitled to an extra days leave if either: Even if youre not under any contractual obligation to provide paid time off on this unique national moment, you might want to consider granting the day regardless or providing time off in lieu if employees are required to work on that day. 3. For the avoidance of doubt, the bank holiday will operate in the same way as other bank holidays, meaning there is no statutory entitlement to time off, but employers may include bank holidays as part of a workers leave entitlement. It is whatever is right and appropriate for your business. the extent to which employees feel personally affected by events. Monday 19 September, the date of Her Majesty Queen Elizabeth II's State Funeral, will be a national bank holiday, while also marking the final day of the period of national mourning. This is a matter for discussion between you and your employer. Following the announcement of the bank holiday next Monday (19 September) to mark the Queen's funeral our member and employer Contact Centres will be closed. On Monday September 19 th there will be a Bank Holiday across the country to mark the funeral of Queen Elizabeth II. Do remember any part-time or shift workers you have on your team should not be treated less favourably, and are entitled to the same pro-rata allocation of annual leave, including bank holidays, as their full-time colleagues. King Charles III has confirmed there will be a UK wide bank holiday on Monday 19 th September 2022 for the funeral of Her Majesty Queen Elizabeth II. The Government has announced that Monday 19 September 2022 will be an extra bank holiday. Will the bank holiday to mark Queen Elizabeth IIs funeral be an annual holiday? So the next step is for employers to carefully check the wording of their employment contracts to see how leave entitlement operates in the context of public holidays. However, due to . I am pleased that it is a bank holiday as I know that many people, not only in the UK but in . This means there will be 10 bank holidays in 2022, rather than the usual eight. By Wire. Yes, schools will be closed, we are not asking them to remain open on the day of the bank holiday. The bank holiday on 19 September for Her Majesty Queen Elizabeth II's State Funeral will be a unique national moment, and we would encourage employers to respond sensitively to requests from workers who . The options for employers are: Whichever approach is taken, employers should be aware that feelings are likely to run high over this issue and their communications with staff over it should be handled sensitively and, as is key in employment law, in a reasonable way. It is therefore likely that employees with caring responsibilities will require the day off work. UPDATED: 6:29 pm 10 Sep 2022. Employers may include bank holidays as part of a workers leave entitlement. Juneteenth is observed on June 19 each year commemorating the emancipation of the enslaved African Americans back in 1865. Contact Darwin Grays employment solicitor, Rachel Ford-Evans on [emailprotected] / 02920 829 120 for a free initial chat to see how we can help you or visit www.darwingray.com. It has also been suggested that the Coronation of King Charles III will be a bank holiday. Monday 19 September will be a national bank holiday to coincide with Her Majesty Queen Elizabeth II's State Funeral, and to mark the last day of the period of national mourning. whether you allowed additional leave for the Jubilee bank holidays earlier this year. There are currently no plans for an annual holiday. Do employers have to give staff the day off work? the entitlement is to a certain number of days per year and doesnt mention bank holidays. The holiday entitlement will either include or exclude public holidays. If you are an employee and are not entitled to the day off, you can request this day as annual leave if you want to take it off. No: the additional bank holiday has been permitted by the UK Government, but is not compulsory for employers and does not form an additional holiday entitlement to the 5.6 weeks annual leave awarded to employees under the Working Time Regulations 1998. The Palace have announced that there will be an extra Bank Holiday on Monday 19 th September for the Queen's funeral. However, there would be no entitlement to leave for the unscheduled bank holidays if the contract specifies that only the normal scheduled bank holidays are included in an employees leave allowance; some contracts will specify the dates of bank holidays that are included. If there is no contractual right to leave for the additional bank holiday/ holidays, employers will then need to consider, the impact on their organisation and the extent to which it would be affected by an unscheduled shutdown at short notice. Sectors Bank holiday: Schools will close - and guidance for employers and the public. It has been announced today that the 19th September 2022, the Queen's State Funeral at 11 a.m. and it will be a Bank Holiday in England, Wales, Scotland and Northern Ireland. . There are no statutory rules regarding extra pay on bank holidays. Coming to the West Valley for the first time are the Light the World Giving Machines. Is it the law that employees have to be given the day off? Additionally, for any employees on maternity leave, if you decide to give all your staff the additional day this year over and above whats in their contract, the extra day should also be added to their entitlement. November 22, 2022 - January 7, 2023. Employers may include bank holidays as part of a worker's leave entitlement. If you are concerned about returning to work or are an employer with an employee concerned about returning to work, please get in touch with us at adelle@am-employment-law.co.uk and wed be happy to help. This is a matter for discussion between individuals and their employer. This will leave many employers and employees alike wondering if they will be allowed the extra day off. Despite being a bank holiday, its not automatically a day off for everyone, and whether or not you need to grant your employees time off for this additional day will depend on the wording in their employment contracts. When deciding whether to allow the worker time off for the bank holiday on 19 September 2022, the first thing employers will need to do is check the contract of employment. Schools will be closed on 19th September, forcing many working parents to take the day off - whether their employer chooses to give them paid leave or not. If an individual will have to work on the day of the funeral can they take an additional days holiday another day? Under UK employment law, employers therefore do not have to grant the day as annual leave. Designed by Elegant Themes | Powered by WordPress. November 22, 2022 - January 7, 2023. In Jersey, the States of Jersey passed an amendment so that the 19 September 2022 has been formally named as a public holiday under the Public Holidays and Bank Holidays (Jersey) Act 2010. So if the contract states their annual leave entitlement is a certain number of days 'plus bank holidays' your employee . Not a public holiday: Monday: May 30: Memorial Day: Federal Holiday: Last Monday in May: Sunday: Jun 19: Father's Day: Not A Public Holiday: 3rd Sunday in June. The event will kick off with a 6 p.m. ceremony on Monday, Nov . Expand menu, 3. Will schools be closed on the day of the bank holiday? This is a matter for discussion between individuals and their employer. This bank holiday is official and applies in the same way as all others. This places responsibility Guidance for Employers on 19 September 2022 Bank Holiday Read . This naturally raised a lot of questions from businesses and employees as to what the options are and whilst employers will want . However, bank or public holidays do not have to be given as paid leave. An extra bank holiday: what should employers do? With the funeral of Queen Elizabeth II set to take place on 19 September, a Bank Holiday was declared for the same day in England, Scotland, Wales and Northern Ireland. . Our web chat service will also be unavailable. So, this again depends on what is in theemployment contract if theyre entitled to the extra bank holiday (or you want to grant it) then they get it outside of their standard bank holiday allocation, and if theyre not entitled to it in their contract but the additional bank holiday falls on a normal working day for a part-time worker and they want to take the day off, they would need to use a day of their annual leave allocation to do that. However, we would expect that many workers will be able to take the day off on the bank holiday. The Government has announced that Monday 19 September 2022 will be a national bank holiday in all parts of the UK for Her Majesty Queen Elizabeth II's State Funeral. 5:00 - 10:00 p.m. each evening. Do not allow the bank holiday to be taken at all if the needs of your business cant accommodate this. We'll be open as normal on Tuesday 20 September. Juneteenth for the year 2022 is celebrated/ observed on Sunday, June 19. We also expect employers to respond sensitively to requests from workers who wish to take the day of the funeral off work. Although there is no automatic right to an enhanced pay rate, many employers like to offer enhanced pay on bank holidays, or enhanced pay and time off in lieu (known as TOIL) to help secure the staff cover they need. A decision will be made nearer the time. If employers are unsure whether they need to give their staff the day as paid leave, this article will briefly outline the legal position. This article looks at some implications for employers during this period and on the day of the funeral. This additional bank holiday comes on top of the additional bank holiday we had for the Queen's Platinum Jubilee in June 2022. What are employers obligations when it comes to unexpected bank holidays? The government cannot interfere in existing contractual arrangements between . Last Updated: 12/09/2022 15:17. On Saturday it was it was confirmed that State Funeral of HM Elizabeth II will take place on 19th September 2022, this was following the confirmation that this will be treated as Bank Holiday during King Charles' proclamation, BEIS have now confirmed the details. Banks and postal services will close, as per normal bank holiday rules, but NHS and emergency service staff . Registered Office: Victoria House, 10 Victoria Crescent, Elgin, IV30 1RQ, Queen Elizabeth II Funeral Bank Holiday Guidance for Employers, If you are concerned about returning to work or are an employer with an employee concerned about returning to work, please get in touch with us at. The Department for Business, Energy & Industrial Strategy has prepared further information, below, which employers should take note of: Does this bank holiday mean individuals can have the day off work? Light the World Giving Machines. Will there be a bank holiday for the Coronation? If the contract says employees are entitled to 'all bank and public holidays', employers will be required to gain the extra day as additional leave. There is no statutory entitlement to time off for bank holidays, but employers may include bank holidays as part of a worker's leave entitlement. The UK and Welsh Governments have both issued guidance on the additional bank holiday, but this is not very detailed and this means that it is up to employers how they handle this issue, dependent on their contracts of employment and their business needs. 13/09/2022. Contrary to common belief, there is no automatic legal entitlement to time off work on a bank holiday. Guidance for employers on the upcoming bank holiday - Monday 19th September . For further news and updates on employment law developments as they happen, please follow our specialist Employment Law Twitter Feed @TLT_Employment and subscribe to our Employment Law Focus podcast the latest episode, on gender equality: a work in progress is availablehere: Employment Law Focus on Apple Podcasts. 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