10 January 2012

Royal Jubliee - Tuesday 5 June 2012

The government have agreed to grant an additional bank holiday on Tuesday 5 June to provide a focal point for the celebrations of the Royal Jubilee.In addition, the traditional Bank Holiday at the end of May will, in 2012, be moved to 4 June to make it a four day weekend.

As Tuesday 5 June 2012 has been designated an extra bank holiday throughout the UK, the advice offered by ACAS is that this does not mean there is a statutory right to paid leave - either for this additional holiday or for normal bank holidays.

The employment contracts should set out one of three options:

• all bank holidays are paid leave in addition to holiday entitlement, in which case 5 June is an extra paid day off;
• eight bank holidays are paid leave in addition to holiday entitlement, in which case 5 June is not an extra paid day off; or 
• employees receive a certain number of days' holiday including bank holidays, in which case 5 June is not an extra paid day off.

Bank holidays - Partnership At Work Agreement - (Page 45/46)

Members shall be entitled to the following Bank Holidays, at their normal wage: Christmas Day, Boxing Day, New Year's Day, Good Friday, Easter Monday, May Day, Spring and Late Summer and any National Holidays declared as such by Royal Proclamation.

Business needs guidance

As a result of the extended weekend to celebrate the Queen's Diamond Jubilee, the first week in June 2012 will consist of a three-day business week. Employers that grant staff the additional day off (either through choice or because the wording of their contracts requires them to do so) will be alert to the need to ensure that business needs are met during this time. In some sectors, it is likely that staff will be required to work over the Diamond Jubilee bank holiday. This will be particularly difficult for some employees with children given that schools will be closed over the bank holiday period. As a result, there may be a high demand from employees with children to be able to take the bank holiday off work and employers will need to determine how they will deal with competing requests.

Employers should be planning how they will deal with the Diamond Jubilee bank holiday. They should check the contractual entitlements of staff in respect of leave for the additional bank holiday and consider business needs and potential staffing levels well in advance of June.

Employers that do not allow staff to take the additional bank holiday may find that they experience higher than usual levels of unauthorised absence and reported sickness absence. Employers should make clear to staff how they will deal with absenteeism over the Diamond Jubilee period (for example that it will be monitored and that employees will be expected to account for their absences). This should act as a deterrent to some employees who are considering taking unauthorised absence or reporting absence as sick leave when this is not genuine.

Finally, employers should clearly communicate to employees their entitlements in respect of the Diamond Jubilee bank holiday, and the arrangements that they will be putting in place concerning cover. Careful planning and good communication is likely to reduce the risk of absenteeism and other issues arising around the time of the celebrations.