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For more than 10 years we have provided companies of all sizes and in a variety of sectors with uncomplicated, innovative and affordable human resources advice and on-site support ensuring that your people are an asset to your company and not a liability.

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With the National Minimum Wage (NMW) now almost fifteen years old, and with another increase pending on 1st April 2017 HMRC have issued a list of the most elaborate excuses they've been given by employers for not paying the appropriate rates:

Queen Elizabeth's Funeral

Alan Kitto

Following the recent passing of Queen Elizabeth II, the Government has announced that the day of her funeral, September 19th 2022, will be a public holiday.

This raises a number of questions for employers.

Do I Have to Close my business on 19th September?

The simple answer is, no you don’t; if you want your business to be open, you’re free to do so, as with all other public holidays, it’s become a tradition for many businesses to close but many remain open too.

Do I Need to Allow My Employees to Take a Holiday on 19th September?

The simple answer to this question is also no, but it isn’t quite as straightforward as that.

Most employment contracts will state an employee’s holiday entitlement as being a number of days (a minimum of twenty if they work five days a week, or pro rata if they don’t), plus public holidays, of which there are normally eight in England and Wales, nine in Scotland and ten in Northern Ireland.

Employers are always at liberty to insist that employees work on public holidays but, based on the above wording, they would need to give the employee an additional day’s holiday in lieu of the worked public holiday. If you do require an employee to work on a public holiday you need to give them notice that this is required.

Contract wording may be slightly different; it may say that an employee is entitled to normal public holidays; in this case the employer wouldn't be bound to offer a day in lieu if they require their employees to work on 19th September as this is not a normal public holiday, as wasn't the Queen’s diamond jubilee day in June.

Another possibility is that the employment contract affords a number of days to include public holidays; in this case the employer again wouldn't be compelled to allow the employee to take holiday on 19th September nor would they be required to offer a day in lieu.

Finally, If you operate a seven-day shift pattern, it’s business as usual.

What Do I Need to Do?

It’s important that you tell your employees what your plans are for 19th September; whether your opening or closing and whether they’re expected to work or not and what provision you intend to make in terms of allowing time off in lieu where someone is required to work.

I suspect that many people will expect not to work on 19th September and I know that many employers are planning on closing their businesses and irrespective of contract wording are allowing their employees paid leave.

If you have any questions on this or any other HR matter, please get in touch