A additional National Bank Holiday is set to take place on Monday, 8 May 2023 to celebrate the coronation of King Charles III. This means that there will be nine bank holidays in England this year, instead of the usual eight. However, although this day has been declared an additional bank holiday in the UK, it does not necessarily mean that all UK workers have the legal right to have the day off work.
Under UK law, there is no statutory right for workers to have a day off on the additional bank holiday. Whether workers are entitled to a day’s paid leave on this date, depends on what their contractual rights are.
If the employment contract allows, for example, “20 days holiday per year plus bank/public holidays” the employee will have a contractual right to have paid time off for all bank/public holidays, including the additional upcoming bank holiday to celebrate the King’s Coronation. However, if the employment contract states, for example, “20 days holiday per year plus the usual 8 bank/public holidays in England and Wales”, then the employee will only have the legal right to paid leave on the eight usual bank/public holidays, and no additional bank holidays.
Where there is no contractual right for workers to have an additional paid day’s leave on the upcoming bank holiday, employers may use their discretion to allow employees to take this day off as either paid or unpaid leave as a gesture of goodwill to allow their workers to celebrate with their families and friends.
Employers should discuss and agree with their workforce whether the organisation will close for the bank holiday, what type of leave and pay will apply if employees are not working and the process employees should follow to request the day off, if the organisation is staying open.
It is important that employers take a consistent and fair approach when dealing with the upcoming bank holiday and take into consideration the terms of their employment contracts, the needs of the business and the effect on workers.
If you have any queries about the upcoming bank holiday, or require any assistance, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of the team will be in touch.