Royal Wedding = Royal Headache?
As you will no doubt be aware, the government has announced that 29 April 2011 - the wedding day of Prince William and Kate Middleton - will be a public holiday.
In preparation for this auspicious occasion it is important that you know your rights and obligations as an employer.
Do I have to give employees the day off?
The answer to that depends on the terms of the contract. Full time employees are entitled to a minimum of 28 days holiday each year including bank or public holidays.
By contract, holiday entitlement can be described as follows, which descriptions have the following effects:
- "20 days holiday plus public holidays"
In this case, the employee would be entitled to the additional day's holiday as there will be 9 days of public holidays in 2011.
- "28 days including public holidays"
In this case, the employee would not be entitled to an additional day's holiday as a result of the announcement. He is entitled to 28 days holiday which complies with legal requirements.
- "28 days holiday"
As there is no obligation on an employer to allow a public holiday as paid holiday so long as the entitlement is above a statutory minimum, an employer does not need to offer the extra public holiday.
No doubt the employees who are given the extra day will be delighted and those who are not disappointed.
Do I have to give that particular day off?
Again, the answer depends on the wording of your contract.
If the contract is worded as in 1 or 2 above the employee will be entitled to the public holiday but not necessarily in the case of 3.
Contracts drafted as in 1 and 2 commonly end with "or a day in lieu where we require you to work on a public holiday."
Alternatively, even if your contract is silent on the point, your custom and practice may be such that you may require employees to work on a public holiday, e.g. where you operate a rota or shift system.
In those cases providing the employees still receive their full entitlement to holiday over the year, you may treat this additional public holiday as you do with the standard 8 public holidays - that is (with reasonable justification) to refuse an employee time off on a public holiday and keep your business open.
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