We have another bank holiday on 19 September 2022 and employers will be wondering where they stand in terms of allowing employees/workers to take the day off. It is important to note that they do not automatically have the right to take the day off work. Employers need to look at how they approach the additional bank holiday.
An employer can include bank holidays as part of statutory annual leave. However, bank or public holidays do not have to be given as paid leave.
When deciding whether to allow the worker time off for the bank holiday on 19 September 2022, the first thing employers will need to do is check the contract of employment.
If the contract of employment states that employees are entitled to 8 bank holidays, then they do not have allow them the day off as a bank holiday on 19 September 2022.
There is no statutory right to extra pay, for example time and a half or double time, when an employee works on a bank holiday. Any right to extra pay depends on the terms of the employee’s contract of employment.
Organisations may decide to close their offices on 19 September 2022. If they do, then they may require employees to take the day off using their annual entitlement. They must give them at least 2 days’ notice if they want their employees to use their annual leave entitlement to take the day off. Give more notice if possible.
Alternatively, some employers may wish to consider allowing employees to take unpaid leave, if they decide not to close their offices on 19 September 2022 but their employees do not want to work on 19 September 2022.
Of course, even if the employer is not contractually obliged to grant the extra day as leave, it may choose to do so as a goodwill gesture to employees, especially given the historical significance of the event.
However, if the employment contract does not state the number of bank holidays i.e. “you will be entitled to bank holidays and 20 days” then employers are likely to have to allow the employee a paid day off on 19 September 2022.
For more information on dealing with annual entitlement/public holidays or drafting/reviewing your employment contracts contact us on 0207 903 6889 or email
The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.
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