Changes to May 2022 Bank Holiday

In commemoration of the Queen’s Platinum Jubilee, there will be changes to this year’s bank holidays.

What is changing?

The late May Bank Holiday, which would have fallen on Monday 30th May 2022, will be moved to Thursday 2nd June 2022.

In England, Wales, Scotland, and Northern Ireland, there will be an additional Bank Holiday on Friday 3rd June 2022.

How could this affect me?

The additional Bank Holiday may impact business operations and the time employees get off.

Employees do not automatically get time off on Bank Holidays, and whether an employee is entitled to the additional days of leave should be outlined in their contract of employment. These are usually listed in the Statement of Main Terms (SMT).

Do contracts of employment allow for this change?

Although the late May Bank Holiday has been moved, some contracts of employment may not entitle the employee to take the day off. The particular expressions used in a contract of employment will vary, but we have included some examples below and what they will mean.

“The SMT states employees are entitled to time off on all Bank Holidays.”

As the contract does not specify particular dates, an employee will be contractually entitled to a day off on Thursday 2nd June 2022, and not the previously planned date of 30th May 2022.
If the contract specifies particular dates for the Bank Holidays, such as “Monday 30th May 2022” or “The last Monday in May,” there is a contractual anomaly that does not clarify entitlement in this situation.
“You are entitled to time off on the following days…”

If the contract lists dates you are entitled to a day off but does not refer to them as Bank Holidays, then the employee will be entitled to a day off on the date specified, e.g., Monday 30th May 2022, and not Thursday 2nd June 2022.
“You are entitled to 28 days’ holiday during each full year, including the following public and bank holidays…”

If the SMT outlines only the eight typical Bank Holidays, there is no obligation to allow for an extra day on Friday 3rd June 2022.

If the contract states “eight Bank Holidays”, but not which dates, employers can work with the employees to decide which days they will take off.
“You are entitled to 20 days’ holiday during each full year in addition to public and bank holidays.”

The employee will be contractually obligated to work all bank holidays, including the additional one on Friday 3rd June 2022.

Contracts with flexibility

Some contracts may allow for flexibility with which days are to be taken as bank holidays, meaning an employer can ask their employee to work the date listed and instead offer an alternative day for them to take time off.

This is useful for employers who need their staff to work on Monday 30th May 2022, and take leave on Thursday, as their business shuts down on Bank Holidays.

Contracts with no flexibility

If the wording in your contract does not allow for any flexibility regarding the dates worked, employers may decide to keep the situation as it is, requiring employees to take Monday off and work on Thursday.

However, a temporary amendment can be made to the employee’s terms and conditions to allow for changes if needed, with their written agreement.

Do you have to formally change a contract to change which days you can take off?

If an employer sees the change as a relatively minor one and does not feel the need to make any formal changes to their staff’s contracts, an informal approach can be taken instead.

This can be done by simply informing all employees of the changes that will occur in order to align with the UK’s official Bank Holidays.

Informing Employees

If you are a business owner, you should make sure to clarify whether your employees are entitled to this day off and ensure you have taken sufficient steps to maintain operations within your business where needed.