The coronation of King Charles III is due to take place on Saturday, May 6, 2023. In light of this, the government has confirmed that there will be an additional UK-wide bank holiday on Monday, May 8.
For most employers, this will not be the first time that they will have to manage the workforce issues presented by an additional bank holiday, with the UK having had an extra bank holiday for Her Majesty Queen Elizabeth II’s Platinum Jubilee celebrations last year.
Long-standing Manchester-based law firm, Slater Heelis, which is celebrating its 250th anniversary this year, is highlighting some of the key employment law considerations for both employers to consider and for employees themselves preparing for the weekend, who may unbeknown to them, not automatically benefit from the extra holiday.
The employee perspective
Sarah Calderwood, partner and human resources and employment lawyer at Slater Heelis, with more than 17 years’ experience, said: “There is no specific statutory right to time off (whether paid or unpaid) on a bank holiday and whether a worker can be required to work on a bank holiday is a matter of the wording of the contract or, in some cases, the employer’s discretion.
“It all boils down to the contract of employment. For example, where a contract provides that an individual is entitled to ‘x’ days holidays plus ‘bank holidays’, then that individual would have the right to the additional bank holiday and it would be paid. However, if the contract provides for ‘x’ days holidays plus eight bank holidays, then they would not be entitled to the additional bank holiday for the King’s Coronation.”
She is urging everyone to check the wording and not just assume that you are entitled to the extra day. Sarah also explained that there are some complexities regarding part-time workers and shift workers, too.
“For part-time workers where the additional bank holiday falls on their non-working day, they should be allowed to take the day (pro rata) at another time if full-time workers are given the day off. This is to avoid any potential claims of sex discrimination or less favourable treatment on the grounds of part-time worker status.”
"Shift workers may also be entitled to receive additional pay for working bank holidays, and this will depend on whether the employee or worker is required to work that day and depending on the wording of their contract."
What employers need to know
Sarah pointed out that as schools will be closed with the bank holiday, the issue of childcare may be problematic for some workers, especially women who are still considered the primary carer. Therefore, employers need to be careful of resulting sex discrimination claims, especially if they remain open.
She said: "If an employer decides to remain open on May 8, parents may need to take emergency time off to care for dependants if they are unable to source childcare. This is usually unpaid leave, but we’re encouraging employers to be flexible and see if there are ways to accommodate parents where schools are closed. This could be allowing employees to work from home or undertake flexitime, making up their hours at a different time, which could reduce the risk of any discrimination claims.”
"Doing so would also likely improve the morale of staff who may be worried about childcare issues if they have to come into work."
"Employers should also be mindful of employee behaviours at this time as people have different views on the monarchy,” she added.
“Businesses would be well advised to seek to address any disruption engendered by differing views in a balanced and reasonable manner to avoid any arguments of unfair treatment/discrimination being raised by individuals. This would prevent tensions bubbling over into the workplace and employers may need to refer to the applicable disciplinary or grievance procedure as necessary.”
Finally, Sarah advised: "Whatever approach an employer decides to take, consistency is key and consideration should be given to the impact that any approach may have on staff morale and employee relations. For example, if staff usually have bank holidays off, they are likely to expect the additional day this year and not giving them the additional time off may not be well received."
To find out more about Slater Heelis and how its human resources and employment team could help you, click here.
