It has also issued some guidance on the impact for employers and workers.
The guidance correctly states that there is no automatic statutory entitlement for a worker to have time off for bank holidays in the UK and that a worker’s entitlement to a new bank holiday will depend on the contractual arrangements in place.
Many employers will feel that whatever the strict legal position, they wish to permit employees to take paid time off on 19 September. However, some employers may need to consider the legal position, for example, because they already have commitments to certain events on that day and they might therefore require people to work.
For those employers, the first thing to do is to check an employee’s contract of employment. Contractual statements about holiday entitlement vary and can result in different outcomes for different employers. Examples we see in holiday clauses include an entitlement to:
Some staff handbooks might also include detail about bank holidays that is relevant. The precise wording in contracts and handbooks will determine the legal position.
Employers will then need to balance any legal position with the...
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