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December 31, 2010

The Royal Wedding: a Bank Holiday for All?

Much to the disappointment of employees, the extra bank holiday on 29 April 2011 for the wedding of Prince William and Kate Middleton does not give an automatic entitlement to paid leave.

Employees do not have an automatic entitlement to paid leave on bank holidays.  The only legal obligation is that employees are given the annual minimum leave of 28 days per year for a full time worker.  The specific right to time off depends on each employee's contract.  If a contract states, for example that the employee is entitled to "20 days' holiday per year plus bank holidays", the employee will be entitled to this extra day.  However, where an employment contract states that the employee is entitled to "28 days' holiday per year", the employee will not have a contractual right to the extra bank holiday in April.  It will be for the employer to decide whether to allow staff an extra day's leave.

In practice, most employers will allow their employees to take the extra day as a gesture of goodwill.  However, if the nature of the business is such that cover must be provided (but the employees' contracts mean that they are entitled to take the bank holiday as leave) then any cover would usually be a matter for discussion between the employer and employee.  This might mean, for example, allowing the employee to take another day off in lieu and/or paying enhanced rates for the extra bank holiday worked.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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