To mark the Queen’s Diamond Jubilee, the Government has announced that Tuesday 5 June will be an additional bank holiday in 2012. At the same time the traditional end of May Bank Holiday has been moved to Monday 4 June, to make an extended weekend.  So good news for employees but bad news for employers and the Chancellor of the Exchequer (that’s another .5% of growth gone – on the top of the Royal Wedding these Royal events are getting expensive; will the fact it is a leap year help?).

But does everyone have the right to the day off?

The simple answer is no. There is no statutory right to leave for any of the bank or public holidays: the minimum holiday entitlement for a full time employee is 28 days holiday a year, which may or may not include some or all of the bank holidays.

The answer is in each employees terms and conditions of employment. For example a contract granting the right to all bank holidays in addition to ‘x’ days annual leave (the minimum is 20 days plus bank holidays) will entitle the employee to take the Jubilee bank holiday in addition to their normal holiday allowance. However, a contract which allows employees the ‘usual’ bank holidays or which specifies they may take ‘eight bank holidays’ does not entitle employees to the day off for the Queen’s Diamond Jubilee, although they may book the day off as annual leave. For employees whose contracts allow them ’28 days annual leave, including all bank holidays’, they may take the additional bank holiday as a day off, but it must come out of their annual leave entitlement.

The case of part-time employees the situation is a bit more complicated. As a general rule however the total holiday entitlement of part time should be pro-rated to the entitlement of full time staff. So it is a question of getting out the calculator.

And a bit of planning ahead for the week of the Bank Holiday and into the rest of June and July might be a good idea. Diamond Jubilee, Euro 2012, the Olympics… when are we going to find the time to work at all?

For further advice on how to plan for the additional bank holiday, please call the office and speak to Campbell or your usual HR Consultant.