Furley Page Blog

This year, in order to celebrate the Royal Wedding, the government has declared 29th April as a public holiday. Next year on 5th June 2012, Britons will be given another extra holiday to celebrate the Queen’s Diamond Jubilee.

Friday, 29th April 2011 falls between Easter Bank Holiday and May Day, two of the usual eight bank holidays in England and Wales. For this reason, many small employers are in a quandary. The holiday falls at an unfortunate time – at the end of the financial year, after half term when many parents take a break, and between existing holidays.

The question that is being asked is whether employers have to give employees the extra bank holidays off. In short, they don’t. There is no legal obligation to give staff time off work for an extra bank holiday. In fact, there is no legal obligation to give staff time off on bank holidays in any event. For a number of sectors, both public and private, this would simply not be possible. The emergency services, care homes, hospices, transport, the medical profession, broadcasting corporations and many others continue to provide round the clock services, irrespective of whether it is a holiday or not.

By law, full time employees and workers are entitled to 28 days (or 5.6 weeks) holiday per annum.  It makes no difference when they are granted those days, as long as they are entitled to them.

What often makes a difference, however, to an employer’s obligations is the wording of its staff’s employment contract.  If their contract states that they are entitled to say 20 days plus bank holidays then the employer must honour the contract and close down on 29th April. If, however, the contract states that the worker is entitled to say 20 days plus ‘the usual eight days’ holidays in England and Wales’ then this would not include the 29th April 2011 or 5th June 2012 because these are not ‘usual’ bank holidays. They are exceptional days which have been declared as bank holidays by the government for a one-off event.

Presuming the contract does not offer any entitlement to a bank holiday and the employer wishes to remain open. What is the employer supposed to do? The TUC has called on employers to honour the bank holiday. Its general secretary Brendan Barber stated that ‘not offering overtime will rebound on employers as they risk demoralising their workforce and damaging their reputation among customers.’ He has also referred to employers who require a worker presence on 29th April as ‘tight-fisted companies.’

But is it so simple? Are we to presume when there is a genuine business need and requirement for a continuity of service, that workers will always be bitter and resentful about coming into work on a national holiday?

Perhaps there are alternative ways of managing the situation, ones which include communication with and involvement of the workforce. It is not about ‘keeping staff chained to their desks’ as Brendan Barber is reported to have said to the BBC. The expression naturally conjures up images of a Dickensian workhouse operated to service its owners greed. 

Small businesses have been affected by the recession and it may be that the holiday on 29th April is just one day too many. If this is the case an employer should explain to the workforce why will be open and that it will require staff at work. If the communication between staff and management is positive there is no reason to automatically assume that they will not understand - the success of a business ultimately affects the staff after all. There are of course ways to celebrate a national occasion or special day at work  - it only takes a little imagination, flexibility and the involvement of staff. We have indeed moved on since the days of the workhouse.