Her Majesty Queen Elizabeth II’s state funeral will be a national bank holiday. How does this affect you and your employees?
Following the death of Her Majesty Queen Elizabeth II the government have announced that there will be an additional bank holiday on Monday 19th September to mark the occasion of her state funeral.
Schools have been directed to close on this date, subsequently this has led to numerous questions around time off for the Bank Holiday, for support staff, term time only staff and teachers 1265. Below we have tried to simplify the information we have to date in regards to this.
The DfE has confirmed it will shortly publish regulations to reduce the school year from 190 days to 189 days for the academic year 2022-23, as a result of the additional bank holiday. For many staff, this may result in a reduction in their working year.
We appreciate that, there is no one-size-fits-all approach to whether, and how, to adjust TTO pay and leave entitlement to take account of the additional bank holiday. However, all employers will need to ensure that part-time staff are provided with a pro-rata entitlement for the additional bank holiday.
Support staff
In accordance with Part 2 Para 7.1 of the Green Book, all employees will be entitled to a holiday with a normal day’s pay on the additional bank holiday (pro-rata for part-time employees).
In accordance with Green Book Part 3 Para 2.6 (unless a local agreement is in place), employees who are required to work on Monday 19 September should receive public holiday pay, plus time off with pay at a later date.
Teachers
It is likely that the government will announce that the calculation for 1265 should use 194 days for the 2022/2023 academic year to allow for the additional bank holiday, the same as last academic year when an additional bank holiday for the Queens Jubilee was granted. This is yet to be confirmed.
Term-Time Only employees
In relation to Term-Time only (TTO) employees, the Green Book Part 4.12 Para 13.2 states: “If the Government announces an additional public holiday(s), a TTO employee’s pay should reflect the additional public holiday or an additional period of paid leave during term-time could be granted”
Where there is a reduction in the working year of the TTO employee
The vast majority of TTO staff are contracted to work either 190 or 195 days per year. One approach to providing the additional bank holiday entitlement would be to make no adjustment in the remuneration arrangements for these TTO employees. This will provide these TTO employees with paid leave for the bank holiday as they will receive the same pay but work one (or two depending on holiday year and additional bank holiday for the Queens Jubilee in June 2022) day less.
However, for some TTO employees, whether they will receive leave due to the bank holiday will depend on their working pattern. Where a part-time employee would have been at work on the day of the bank holiday (or the day in the school year which is no longer one of the 190 days of directed time), they should continue to receive pay for this time (as above). This will give them paid leave for the additional bank holiday.
Where there is no reduction in the working year
However, where a part-time employee’s working pattern means that they are still working for the full number of days / hours for which they are contracted to work annually, they will need to be given an additional pro-rata paid leave entitlement to reflect the additional bank holiday.
If you have any questions, please speak to one of our HR team on 01924 827869, or via our website. You can also access the full information below.
