Employers Update on Bank Holiday for Queen Elizabeth II Funeral

On Saturday 10^th September 2022, King Charles III formally approved an order from the Government declaring Monday 19^th September 2022, the day of our late Queen Elizabeth II funeral, to be a bank holiday.

For some companies, this will be the 10^th bank holiday this year.  For statutory purposes, there are usually a minimum of 8 bank holidays per year in the UK, however, some businesses chose to declare an additional bank holiday for the Queen’s Platinum Jubilee earlier this year.

Many businesses and organisations will observe the bank holiday and close for the day giving their employees the day off to watch the funeral and mourn the passing of the late Queen, however, it is important to know your legal responsibilities in this regard.

Are employees legally entitled to a day off?

Although a bank holiday has been declared, there is no legal requirement for employers to give their employees the day off.  In their announcement, the Government stated that the bank holiday will operate in the same way as other bank holidays.  There is no statutory entitlement to time off although employers may include the day as part of an employee’s leave entitlement.

As the Government has stated they ‘cannot interfere in existing contractual arrangements between employers and workers’ but ‘would expect that many workers will be able to take the day off on the bank holiday and ‘expect employers to respond sensitively to requests from workers who wish to take the day of the funeral off work.’

Can an employee receive extra pay or a day off in lieu if they are required to work?

For some businesses and organisations, it is not practical to close and give employees the day off for the bank holiday.

Employers can discuss with their employees any extra payment that may be received for working on the bank holiday, however, there are no statutory rules regarding extra pay for bank holidays.

Again, a company may agree to offer employees a day off in lieu should they have to work the day of the Queen’s funeral, but the Government have issued no guidance on this.

Days of in lieu are a matter for individual company policy and must be discussed between the employer and employee.

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610 (select option 1 for HR)