Prepare now for the Queen's Diamond Jubilee bank holiday
2 May 2012
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The Royal Wedding last year caused chaos for small business employers who hadn't prepared for the extra bank holiday and next month's public holiday for the Queen's Diamond Jubilee is set to do the same - unless you act now!
In the UK there are typically eight bank holidays; New Year's Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, Summer Bank Holiday, Christmas Day and Boxing Day.
 
However, in 2012, there is a special bank holiday to celebrate 50 years of the Queen's reign.
 
The late May bank holiday will be moved to Monday 4 June 2012 and an additional Diamond Jubilee bank holiday will be on Tuesday 5 June 2012.
 

Time off

What an employer should do in relation to allowing time off on the day of the Diamond Jubilee depends on the contractual provisions within an individual's contract of employment.
 
Given that, under the Working Time Regulations, all employees are entitled 28 days holiday (or the appropriate proportion of this for part time workers) this additional holiday should not affect the legal minimum entitlement for most employers.
 
If employers have genuine business reasons for requiring staff to work on that day, the time off may not be possible, however, in that situation, employers will need clear contractual provision to require employees to work on bank or public holidays. Without this provision, it will only be possible for employers to get their employees to work with their express consent.
 

Do you need to pay?

In relation to the question of payment, whilst many employers may be happy to give staff the day off with their normal pay, this is not a statutory obligation and, for many employers, incurring the extra cost of payment for this day may be something they will wish to avoid.
 
Therefore, employers are, subject to their contracts of employment, free to choose whether any payment should be made for this day.
 
This decision will obviously need to balance the benefits of making a payment of normal wages as an extra reward to employees against the cost of doing so and the potential negative employee reaction that will inevitably result if no payment is made.
 
Where employees normally work on bank holidays then their pay for the day will also depend on their contract. As there is also no statutory right to be paid overtime premium or to be given time off in lieu on such days, payments for all employees that work on 5 June should be determined in advance of the day in question to avoid any subsequent uncertainty, either in line with their existing contracts or through a separate agreement. 
 

Get your contracts in place

This issue, like every other relationship between employer and employee should be detailed in your contract of employment. There are still many businesses without this document in place. It is vital to ensure that you have a signed, up-to-date contract for each employee in their file.
 
You have 60 days to issue a contract from the start of employment. Failure to do so will mean an automatic fine in the event of any tribunal claim and probably substantially weaken any response you may put forward in a tribunal case. For members of the Forum, it will also automatically invalidate your insurance cover which you have as part of your membership.
 
We've had occasions when employers assume that if there is no contract in place the employee has fewer employment rights. In fact the opposite is often true.
 
The Employment Guide contains a template version, or it can be purchased separately for £12.59 
If you are a member of the Forum and would like to speak to one of our advisers about this, or any other employment or HR issue, call us now on 0845 130 1722.


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