Dawn Robertson: Don’t bank on next year’s royal public holiday

Earlier this year workplaces across the country ground to a halt as employees were given an additional day’s public holiday to celebrate the wedding of Prince William and Kate Middleton. Another “royal” bank holiday is scheduled for 2012 – to celebrate the diamond jubilee of the Queen’s ascension to the throne.

For politicians, productivity takes second place to the feel good factor that an additional day’s public holiday (especially for a very special occasion) is supposed to generate, although many commentators believe that the mildly encouraging recovery in the UK economy in the early part of 2011 peaked with the royal wedding and that confidence started to drain after that.

For their part, employers – at least those struggling to balance the books in the private sector – might be asking: “How much more paid time off am I expected to give?” Some may be reassured to learn that there is no statutory right to time off (paid or otherwise) for any public holiday. Whether a worker can be required to work is a matter for the contract or, in some cases, simply the employer’s managerial prerogative. In many industries or occupations (such as retail, travel or emergency services) working on public holidays is a commercial or operational necessity. Where bosses allow (or even require) workers to take leave on public holidays, this may count against statutory leave, although many employers give paid holiday on the public holidays in addition to the statutory leave. Under the Working Time Regulations, a worker wishing to take statutory leave should give notice, which must be at least twice the period of leave that he or she is requesting. However, an employer may refuse a worker’s holiday request by serving a counter-notice.

The bank holiday to celebrate the diamond jubilee will be held on 5 June with the late May bank holiday put back to 4 June, thus effectively providing a four-day weekend for some. Other bank holidays are 1 and 2 January; Good Friday, the first and last Monday in May (the latter next year moved to 4 June), the first Monday in August, 30 November, 25 and 26 December.

* Dawn Robertson is a partner in Murray Beith Employment.