Are Employees Entitled to an Extra Day of Holiday for Coronation?

To mark the King’s Coronation, an additional bank holiday has been announced to take place in May 2023. Before you rush off to hang up the bunting, however, read our guide to determining if employers are obligated to give this extra of annual leave to staff.

Are Employees Entitled to an Extra Day of Holiday for Coronation?

On Saturday 6th May 2023, there will be a coronation for King Charles III. To honour the newly crowned King, the Government has confirmed there will be a bank holiday on 8^th May 2023 to mark the occasion. With this in mind, employers want to understand if they must provide the additional day of annual leave to staff.

Essentially, UK law requires that all full time employees are entitled to a minimum of 28 days (or 5.6 weeks) of annual leave in each holiday year. A business can determine when that leave year should commence and end.

This right is reflected in the employee’s contract of employment but can be expressed in a variety of ways. Whether or not an employer will be contractually obligated to give an employee an extra day of annual leave, in respect of the Coronation, will depend on that wording.

Certainty in Contractual Clauses

Some clauses will be clear, for example, a contractual term entitling the employee to ‘20 days holiday per annum plus bank holidays’ will mean that the employer will be required to allow an employee an additional day of leave. Conversely, a term providing for ‘28 days holiday per annum, including all bank and public holidays’ will not.

Similarly, a contract that lists the bank holidays that are included in the employee’s entitlement (for instance, Christmas Day, Easter Monday etc), will mean that the employee will not be entitled to an extra day for this unique bank holiday. The same rationale applies to a contractual term entitling the employee to the bank holidays usually observed in England and Wales, as the bank holiday is not one that is usually observed.

Element of Choice for Employee

If, however, the clause reads 20 days annual leave per year, plus 8 bank holidays, then the employee will be able to choose to take the Coronation bank holiday but it will be instead of another bank holiday at some other point in the year – the employee will not receive an extra day of leave.

That element of choice will also apply if the contract simply states that the employee is entitled to ’28 days annual leave per annum’. The employee can determine if they want to use one of their 28 days to enjoy the bank holiday scheduled for 8^th May.

Of course, nothing in the contract will prevent employers from generously adding an extra day of annual leave entitlement in honour of His Majesty, although if this approach is adopted, employers should clarify in writing that the extra day is for 2023 only.

If you would like to advice from the Employment team at MLP Law in respect of any of the issues raised here or more generally, please do not hesitate to get in touch on 0161 926 9969 or employment@mlplaw.co.uk, or follow us on Twitter @HRHeroUK.