State funeral will be a public holiday

King Charles III has approved, at the ceremony St James palace proclaiming him as monarch, a bank holiday across the United Kingdom for the day of the funeral of his mother Queen Elizabeth II.

The date of the Funeral is yet to be confirmed but it is believed to take place ten days after the Queen’s death.

Bank Holiday rights for employees

Almost all workers are legally entitled to 5.6 weeks’ paid holiday a year (known as statutory leave entitlement or annual leave).

This includes:

  • agency workers
  • workers with irregular hours
  • workers on zero-hours contracts

An employer can include bank holidays as part of statutory annual leave.

Bank holidays and pay

Bank or public holidays do not have to be given as paid leave.

An employer can choose to include bank holidays as part of a worker’s statutory annual leave.

The importance of the contract terms

If a bank holiday falls on a day usually worked, and the workplace is shut or business stops on that day, your employer can make you take it as part of your holiday entitlement.

The employer must either:

  • make this clear in your employment contract
  • give you notice that the day needs to be taken as part of your holiday entitlement

Some contracts may provide entitlement to public holiday pay in addition to the standard employment holiday entitlement. Some of those rules may stipulate specifically which public holidays are paid.

Employer decision!

Employers will need to make a decision on whether to offer leave for the state funeral, whether it is paid, whether it is part of the pre-existing entitlement or whether an additional days leave is given either voluntarily or as a result of contractual terms.

What about payments

Announcements from the UK banking infrastructure BACS is awaited. Employers may need to adjust payment dates which clash if declared as a non-banking date.

What about statutory deadlines if the date clashed?

The date of the state funeral has not yet been announced, however, a possible date is Monday 19th September 2022 which may present some statutory deadline clashes which employer may need to manage.

The monthly HMRC deadline for filing the EPS is 19th of each month. Equally pension pay over is generally required by the 19th of the month.

Once the date is confirmed, employers may need to check that duties and payments are appropriately dealt with. Will they be paid or undertaken on the prior banking date or the banking date following.

Start the contingency planning now in anticipation.

Update

The State Funeral of Queen Elizabeth II has been confirmed:

PAYadvice.UK 10/9/2022 updated 11/9/2022

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