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Employment law: Workers' rights to the extra-bank holiday cause HR confusion

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As the nation gears up to celebrate the Queen's Diamond Jubilee next weekend, businesses up and down the country are scratching their heads over their employees' right to the extra bank holiday, scheduled for Tuesday 5th June.

Amidst the confusion, lawyers and HR experts have been busy publishing their legal advice for employers.

The most salient point is that employees have no legal 'right' to the extra day off unless it is written into their employment contract. Similarly employers are not obliged to offer extra pay unless such a provision is made in the employment contract.

Some employers have decided to get around the provisions by offering their staff the day off as unpaid leave. This is a reasonable solution; however, managers are warned that all staff must be treated equally. This is particularly important for part-time staff who might feel discriminated against compared to full-time staff.

However, whilst employers may not be legally obliged to give staff the day off, business experts and union leaders have warned against taking too tough a line. Brendan Barber is the general secretary of the TUC.

"The annoyance and ill-will that will be caused by forcing staff to work while everyone else is out having a nice time will far outweigh any benefits from one extra day in the office," he told the BBC.

This is the second consecutive year featuring an additional bank holiday, after the royal wedding celebrations in 2011. Some lawyers have advised their clients to use a consistent policy when dealing with this year's festivities. Susan Evans is a partner at Lester Aldridge.

"Employers should think back to how they dealt with the additional day of leave in 2011 for the royal wedding," she told the BBC.

"There is an argument that they should be consistent in their approach," she added.

Sources:

Personnel Today

BBC News

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