How UK bank holiday for Queen’s funeral will impact annual leave entitlements

Although the UK government has issued some brief guidance on the public holiday, it largely explains that leave arrangements are to be discussed between employers and their employees. Employers will, of course, recognise that the Queen’s death is a highly sensitive subject for many people and that, as a result, their employees will currently be experiencing a range of different responses to the news.

Some employees will also have practical childcare issues around the closure of schools on the day of the funeral. From a reputational perspective, bosses who do not recognise the bank holiday may draw unwanted external attention and comment. Employers may want to try to gather examples of what others in their sector are doing.

Bosses can simply recognise the bank holiday as an additional day of annual leave on top of normal entitlements, something that many employers did for the Queen’s platinum jubilee celebrations in March. If you choose to do this, be clear with employees that this is an exceptional entitlement and is not a new annual holiday.

Employers should also make sure employees who are not working on the day of the funeral are considered. Part-time employees, certain shift workers, employees on sick or other periods of statutory leave – such as maternity leave – should have any additional annual leave entitlement reconsidered against the rules already in place regulating their leave.

Not recognising the bank holiday

The 1998 Working Time Regulations entitle employees to a minimum of 5.6 weeks’ paid leave each year. Many employers will already allocate some of this entitlement to normal bank holidays that occur each year, with the balance being taken off at times agreed between the employer and the employee.

Of course, this unexpected additional bank holiday has not already been allocated by bosses out of statutory annual leave entitlements. If employers do want to require employees to take this day off out of remaining statutory leave entitlements, then they can do so. The government guidance makes clear that employers “may include bank holidays as part of a worker’s leave entitlement”.

Employers who want to do this simply need to explain that Monday 19 September is to be allocated as a day of statutory annual leave. It would be wise to point out that this will be deducted from existing entitlements and is not an extra day off. A notice of this kind needs to be given twice as many days in advance of the day specified as annual leave. In this instance, only two days’ advance notice is needed.

Invite employees to request the time off

Employers may not want to require employees to take the time off in this way and not all employees will want the day off. Employers could simply invite employees to request the time off. Employees can also unilaterally issue a notice to the employer that they want to take the day of the funeral off as part of their annual leave.

Two days’ advance notice is also needed but employers can issue a counternotice refusing the request if it is issued at least a day before. The government guidance encourages employers to respond sensitively to requests from workers who wish to take time off as the “bank holiday will be a unique national moment”.

Contracts of employment will also need to be looked at. It is not particularly unusual for contracts to simply state that employees are entitled to “public holidays” off without any limitations being set. For those employers, there will be no discretion over allowing paid leave for the date of the funeral despite the statutory rules.

Alternative arrangements

There will be some employers who simply cannot shut down unexpectedly for the day for logistical or financial reasons. Where this is the case, a communications exercise with the workforce would be sensible to explain why this is the decision. Alternative arrangements may be possible for those who wish to make some observance of the funeral, such as an extended lunch break to allow workers to watch the funeral, which starts at 11am, online or in a communal area.

Future unexpected bank holidays

Before deciding what to do, employers may be wondering whether other events, like the coronation of King Charles III, could be designated as bank holidays in the near future. While this would be helpful information, the government has said it will make such decisions closer to the time.