Q. I run a small corner shop and business is tight at the moment. I refused to give staff Friday off for the Royal Wedding as the business can't afford the loss of revenue. One staff member is threatening to take legal action against me. Was she entitled to have Friday off?
A. The decision to declare the Royal wedding a Bank holiday left a lot of employers confused about this issue, and the situation will arise again next year as we are to be given another Public Holiday on 5 th June 2012 for the Queen's Diamond Jubilee.
Under employment regulations, full time staff are entitled to a minimum of 28 days leave per annum. That said, surprisingly, the regulations do not actually give workers the right to paid leave on Public Holidays (not even Christmas) and no extra day has been added for the Royal Wedding.
Whether or nor an employee is entitled to be off on a Public Holiday therefore depends entirely upon what their contract of employment says. If a contract provides for 20 days holiday plus all public holidays then, as the Royal Wedding has been declared a public holiday, the employee would be contractually entitled to that extra day.
If, on the other hand, a contract provides only for 28 days leave inclusive of Public Holidays, then the employee would not be entitled to an extra day. Where there is no written contract in place, then you have to take into account the previous custom and practice of the parties. If, after applying the above principles, you are still not sure of your position I suggest that you call our employment experts on 0808 231 7043 in order to obtain specific advice.
