Are staff entitled to an additional day’s paid leave for the extra bank holiday in 2022?

2022 marks the Queen’s Platinum Jubilee and to celebrate the occasion the Government has introduced an additional bank holiday. The late May bank holiday will be moved to Thursday 02 June 2022 and the additional bank holiday will then be on Friday 03 June, giving much of England and Wales the opportunity to enjoy a four-day weekend.

In light of the additional bank holiday, employers will need to consider whether their staff are entitled to take an additional day’s paid leave, be that on 03 June 2021 or on another date in the same holiday year.

If the employment contract states that employees are entitled to a set number of days of annual leave inclusive of bank holidays (or the usual bank holidays) then they will not be entitled to an additional day’s paid leave for the extra bank holiday. The same will apply if the contract simply sets out a certain number of days annual leave in a holiday year, but is silent on bank holidays.

On the other hand, if the contract sets out that employees are entitled to a certain number of days annual leave, plus bank holidays and makes no mention of either the number of bank holidays or the specific bank holidays to be added on, employees will be entitled to an additional day’s paid leave.

If employees are not entitled to an additional day’s paid leave but employers wish to offer an additional day’s paid leave as a gesture of goodwill, they should put in place clear parameters for taking the day as additional paid leave, or time off in lieu where staff otherwise have to work, and make clear to staff that the additional day is being given at the employer’s discretion.

If employers are unsure, they should seek advice on the issue.