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Sept 2022

Last Updated: 13/09/2022

Community

No requirement for staff day off on Queen's funeral, says Harrogate solicitor

by Calvin Robinson

| 14 Sept, 2022

The announcement that Monday will be a bank holiday has caused confusion over whether companies are legally obliged to give staff the day off.

James Austin, employment lawyer at LCF Law.

A Harrogate solicitor has said there is “no legal requirement” for employees to be given a day off for the funeral of Queen Elizabeth II.

The government has announced that Monday's state funeral will be a national bank holiday.

Consequently, many businesses plan to close and give staff the day off. But there is confusion over whether they are legally obliged to do so.

James Austin, from Harrogate-based LCF Law, today clarified the situation.

Mr Austin, who specialises in employment law, said although it was likely many employees would be given time off, it was not a legal requirement for all employers.

He said:

“For example, employees may be eligible if their contract of employment states that they are entitled to say ‘20 days holiday plus bank holidays’. However, if the contract refers to the employee only being entitled to ‘the usual bank holidays,’ this wouldn’t apply.

“In addition, they might not get the day off if, for example, the contract refers to 28 days’ holiday including ‘bank holidays,’ which could mean an employer simply deducts a day’s holiday from the non-bank holiday entitlement."

Mr Austin added:

“However, this is a unique national moment so we suspect the majority of employers will give staff the time off, which is what we saw with the Jubilee.

“Where employees are entitled to the day off, but the employer wants them to work, the contract will usually state whether the employer can require this and, if so, whether the employee is entitled to extra pay or time off in lieu."

LCF Law employs more than 125 people at offices in Harrogate, Leeds, Bradford and Ilkley.

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No requirement for staff day off on Queen's funeral, says Harrogate solicitor

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