MILLIONS of Brits are set to get a day off on the day of Queen Elizabeth II’s funeral.
However, the government and employment lawyers are urgently warning workers about their rights to pay on bank holidays.
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The monarch died last week and her state funeral will be held on Monday, September 19.
The day of the funeral has also been declared a bank holiday, so many schools and businesses will close their doors for the day.
Millions of Brits are expected to be given the day off, but there is no automatic entitlement to pay according to the government.
The government website says: “Bank holidays do not have to be given as paid leave.
“An employer can choose to include bank holidays as part of a worker’s statutory annual leave.”
Essentially, it is up to each employer as to whether or not their staff are given public holidays off as paid leave.
For example, Asda has said that all staff contacted to work while its stores are closed on Monday will still receive their normal pay.
Jo Mackie, head of employment at Slater and Gordon also said: “The bank holiday will operate in the same way as other bank holidays meaning there is no statutory entitlement to leave on Monday.
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“Whilst an employer does not have to give you the bank holiday itself as a named day off, you would expect the employer to give it as a day off in lieu at another date if not on September 19.”
For some employees, such as nurses or carers, all having the same day off is impractical, and that’s why there is some flexibility in the decision.
NHS services across the country are being advised on how to plan for the bank holiday which is understood to emphasize the importance of essential healthcare services continuing.
If you’ve got children and can’t secure childcare if you have to work, Jo recommends that you contact your line manager.
Jo said: “We would advise making a formal request to your line manager and ask if they have a bring your child to work policy.
“If you employer cannot agree to this, ask your children’s school if they are operating any clubs to support childcare for parents who cannot have this last minute.
Jo said that if you can’t secure childcare and have no alternative, you can request a day of carers leave.
She said: “Practically it would be wise now to speak to other parents, family, and friends who you trust to try and arrange some cover for you if you have to work.”
Can I refuse to work on a bank holiday?
This should be detailed in your contract, which will explain out rules about working on bank holidays.
Look for wording like “holidays,” “holiday entitlement” or “annual leave”.
Whatever your contract says about working bank holidays, your employer has a legal duty to abide by it.
If they don’t, you should speak to them immediately.
If your contract doesn’t say anything about bank holidays, ask your employer what their rules are.
If you work in a sector that’s typically open on bank holiday, like hospitality, and your contract includes weekend work, you would have to book the day as annual leave.
If I do work can I get double pay?
The simple answer is it depends on your employer.
Some bosses might offer you extra pay if you work on a bank holiday – but it’s worth checking your contract to find out.
Asda will pay its staff double time when it reopens its stores at 5pm on Monday.
Either way, there’s no legal requirement for employers to pay you double for working across a bank holiday.
What other bank holidays are there left in the year?
After September 19, there are only a few bank holidays left in the year. They are:
- November 30 – St Andrew’s Day (Scotland only)
- December 26 – Boxing Day
- December 27 – Christmas Day
