Last reviewed 22 April 2022
To commemorate the Queen’s Platinum Jubilee, there will be changes to bank holidays in 2022. The late May Bank Holiday, which would have fallen on Monday 30 May 2022 will be moved to Thursday 2 June 2022 and there will be an additional Bank Holiday on Friday 3 June 2022. The adjustment will take effect in England, Wales, Scotland and Northern Ireland.
This may have an effect on an employer’s operations and also on the time off that their employees get. Employees do not have an automatic right to time off on Bank Holidays and entitlement in this regard is set out in the contract of employment.
Employers should check employee contracts to determine the effect of the date change and extra day on entitlements. Contractual wording on Bank Holidays can differ greatly so it is important to ascertain the specific position in order to ensure that:
contractual entitlements are not breached
employees know where they stand in terms of time off
employers have sufficient cover on the affected days in order to maintain their operation.
The law does not prescribe how entitlement should be set out, but it is likely that a list of the Bank Holidays observed by the employer is provided in the Statement of Main Terms (SMT). The particular expressions used will dictate the position regarding the entitlement to the moved Bank Holiday in May and the additional day in June.
What does the date change of the May holiday to Thursday 2 June 2022 mean?
Most common variations
The variations shown below are examples of ways that Bank Holiday entitlement can be expressed in an SMT. Other forms of wording might also be used to achieve the same aim.
The SMT states employees are entitled to time off on all Bank Holidays — an employee will be contractually entitled to a day off on Thursday 2 June 2022 and not Monday 30 May 2022.
The SMT provides a list of the Bank Holidays which employees are entitled to and this includes reference to the “Late May Bank Holiday” or “Spring Bank Holiday” — an employee will be contractually entitled to a day off on Thursday 2 June 2022 and not Monday 30 May 2022.
The SMT provides a list of the Bank Holidays employees are entitled to and this includes reference to “Monday 30 May 2022” or “The last Monday in May” — because a Bank Holiday does not exist on those dates in 2022, this wording creates a contractual anomaly which does not clarify entitlement in this situation.
The SMT provides a list of days off as part of employees’ annual holiday entitlement but does not contain specific reference to them being “Bank Holidays.” For example, “You are entitled to time off on the following days…” and this includes reference to “Monday 30 May 2022” or “The last Monday in May” — an employee will be contractually entitled to a day off on Monday 30 May 2022 and not Thursday 2 June 2022.
Contracts with flexibility
Some contracts will allow for flexibility with the days that are to be taken as a Bank Holiday, meaning that employers may require the employee to work on the Bank Holiday listed and offer an alternative day off instead. This will be particularly useful for employers who use the wording shown in variations 3 and 4 above but want the employee to work on the Monday and take leave on the Thursday because, for example, the business shuts down on all Bank Holidays.
This flexibility can be expressed in different ways. A common example is:
“You are entitled to the following Bank Holidays, or alternative days as decided by us:…”.
Where this flexibility exists, employers can rely on it to designate Thursday 2 June 2022 as a Bank Holiday.
Contracts with no flexibility
Employers with SMTs which include variations 3 and 4 and do not reserve any flexibility to nominate alternative days may decide to keep the situation as it is — ie treat Monday 30 May 2022 as the “Bank Holiday” and require employees to work on Thursday 2 June 2022.
Alternatively, if the employer wishes to align its Bank Holidays with the official UK Bank Holidays for 2022, a temporary amendment to employees’ terms and conditions will, in theory, be needed. But, employers may wish to take a more informal approach to achieving their aim of adjusting their Bank Holiday entitlement, taking the view that the change affects one leave year only, is relatively minor in its impact on contractual terms, poses no real detriment to employees and that the majority of employees are likely to be in favour of the change.
The informal approach would include confirming to all employees that, in order to align the employer’s Bank Holidays with the UK’s official Bank Holidays for 2022, the Late May Bank Holiday will be observed on Thursday 2 June 2022 instead of its usual date.
Some resistance may be encountered from a very small minority of employees who, for example, have already made travel plans for May 2022 which counted on Monday 30 May being a Bank Holiday, and attempt to insist on their contractual rights. However, these can be managed on a case-by-case basis to achieve a compromise.
Alternatively, the official approach would involve obtaining written agreement to the change from all employees. Where an employer has 20 or more employees who are to be affected by the change, this approach would involve consultation with worker representatives or, where a trade union is recognised for collective bargaining and the terms that fall within that recognition agreement include annual leave entitlement, with the union.
What does this mean for the additional day on Friday 3 June 2022?
Most common variations
You are entitled to 28 days’ holiday during each full holiday year including the following public/bank holidays… — if the SMT only outlines the eight typical Bank Holiday days, there is no contractual obligation to allow the extra day on Friday 3 June 2022.
You are entitled to 28 days’ holiday during each full holiday year including the eight public/bank holidays — an employee will be contractually entitled to eight Bank Holidays only. Employers can work with their employees to decide what eight days they will use. For example, they might take 2 & 3 June 2022 but not have Easter Monday off.
You are entitled to 20 days’ holiday during each full holiday year in addition to public/bank holidays — an employee will be contractually entitled to all bank holidays in that leave year, including Friday 3 June 2022.
In addition to the annual holiday entitlement, you are allowed the following bank holidays each year with pay or alternative days as decided by us… — if the SMT outlines the eight typical Bank Holidays, there is no contractual entitlement to the extra Bank Holiday. But, employers might choose to allocate Friday 3 June as their Late May/Spring Bank Holiday and have their employees work on Thursday 2 June
Confirmation to employees
Action should be taken to inform the workforce of the employer’s decision on the Bank Holiday to remove the potential for any confusion.
Sample wording for a letter to employees is available here.
The letter caters for employers who either shut down on Bank Holidays or who remain open.
Where contracts don’t explicitly outline what days must be taken as Bank Holidays, employers who want to close for the long weekend can enforce annual leave as long as they give double the notice to do so. For example, they must give four days’ notice by 28 May 2022 to enforce annual leave on 2 and 3 June 2022.