The marriage of Prince William and Kate Middleton on Friday 29
April 2011 will be marked by a public holiday and many workers in
the West Midlands will be expecting to have this awarded to them as
an extra day of paid holiday. However, there is nothing sacred
about bank holidays when it comes to holiday entitlement.
The Working Time Regulations state that British workers are
entitled to 5.6 weeks holiday per year, but don't say when that
holiday can be taken. The announcement of an extra bank holiday
does not increase any entitlement to holiday under the Working Time
Regulations, so whether an employee will benefit from the
additional bank holiday will be entirely dependent on the precise
wording of their contract.
Stephen Hopkins, a partner at Birmingham law firm Wilkes
Partnership, says: "Quite clearly there is tremendous potential for
employers and employees to not see things in the same light, and
it's best that employers decide what their stance is early on
rather than closer to the time."
For example, a contract which entitles a worker to 20 days
annual leave in addition to all statutory, bank and public
holidays, would give the worker an extra day's paid holiday because
of the key word all. Conversely, if the contract already specifies
the bank holidays to which the employee is entitled, obviously this
new royal wedding holiday will not be included so will not
necessarily mean an extra day's holiday for the employee.
However, since the wedding will be a significant public
occasion, employers will also need to consider whether it will
negatively affect their employees' morale if their business doesn't
join in with the celebrations. Employers need to be clear as to
their legal rights and obligations, and communicate with their
employees.
Stephen Hopkins comments: "People need to know where they stand.
Employees can't just assume the day is a holiday just because the
government says it's a public holiday. The point for employers
seems to be: if in doubt, find out what the position is. "
If you feel you may need advice The Wilkes Partnership can
advise you on the latest law in this field. Call Stephen Hopkins on
0121 233 4333 for further information.