Pictured above: Mike Wakeling
Never mind whether you need a new hat for the royal wedding,
business owners need to plan their work programme very carefully
next year, an employment law expert is warning.
Mike Wakeling, a partner in the Stratford-upon-Avon office of
Lodders Solicitors, said the Government's announcement that there
will be an extra public holiday on Friday, April 29, has thrown up
a whole host of employment issues, not just about giving staff one
extra day off.
"Not only will company owners need to think about whether they
need staff to work on April 29, such as in pubs, restaurants or
contractors working in hospitals for example, there are added
complications caused by the way public holidays fall towards the
end of April and the beginning of May in 2011," he pointed out.
"The Easter break is on the weekend before April 29 and the May
Day holiday falls on the Monday immediately after, so it is
perfectly possible for staff to take an 11 day holiday using only
three days of their annual holiday entitlement."
He said that under normal circumstances most bosses would be
happy to allow their staff an extra day's paid holiday for an event
such as a royal wedding, but as with every public holiday there
will be certain employers who need some or possibly all of their
employees to attend work on that day.
"It all depends on how the employees' contracts are worded. If,
for example, the holiday entitlement detailed in the employment
contract states 20 days plus public holidays, then it is likely the
employee will be entitled to a day's paid leave on April 29.
"If, however, the holiday entitlement is described as 28 days
including public holidays, then the employee will not be entitled
to an extra day off."
He added that the situation for part-time staff was likely to be
equally complicated and needed urgent reviewing.
"Then there is the question of pay. There is no statutory
definition of what payment an employee should receive for working
on a public holiday and this applies equally to April 29," he
said.
The amount the employee receives for working on a public holiday
should be defined in the employment contract. If there are agreed
arrangements for working on public holidays such as double time, or
a day's pay and a day off in lieu, then these will apply equally to
April 29 as to any other public holiday.
"Employers need to take stock of both the royal wedding public
holiday and the possibility of 11 days off using just three days of
annual holiday entitlement, and they need to plan now," said Mr
Wakeling.
"Employers need to check contracts, take advice if required, and
undertake any required consultation with trade unions and
professional bodies in order to tell employees what has been
decided and who will be working and when, in good time."
For more information about Lodders, please visit their website
here: www.lodders.co.uk