Some employees will have to work Bank Holiday for Queen's funeral

Ahead of the emotional day, the Department for Business, Energy & Industrial Strategy (BEIS) has since issued guidance to employers and employees following the announcement that Monday September 19 will be a state holiday to mark Queen Elizabeth II's funeral.

Despite the government trying to encourage employers to give workers time off, the BEIS has also announced that it is not forcing them to, and there is no automatic guarantee of getting paid for the bank holiday if you don't work, unless it says in your contract.

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Confirming the ‘controversial stance on the bank holiday, the BEIS, which is a government department, says: "This is a matter for discussion between individuals and their employer.

“There is no statutory entitlement to time off for bank holidays, but employers may include bank holidays as part of a worker’s leave entitlement.

"The government cannot interfere in existing contractual arrangements between employers and workers.

“However, we would expect that many workers will be able to take the day off on the bank holiday.

“We also expect employers to respond sensitively to requests from workers who wish to take the day of the funeral off work."

Alongside the mention of whether employees will have to work, the BEIS has also addressed the fact that it is up to employers if they will offer staff lieu or holiday days and extra pay for working the day of the Queen's funeral.

Bank holidays do not have to be given as paid leave, Gov.uk said earlier this year when an extra bank holiday was announced for the Queen's Jubilee.

"Bank or public holidays do not have to be given as paid leave," states Gov.uk's bank holiday page.

"An employer can choose to include bank holidays as part of a worker’s statutory annual leave."

If your contract states you do get bank holidays off, whether you are entitled to not work on the day of the Queen's funeral could depend on the wording of your contract.

Xpert HR explained why that matters ahead of the Jubilee bank holiday earlier this year: "Some contracts of employment make it clear that the employee is entitled to take 'all bank and public holidays' as leave. If this is the case, the employee does have the contractual right to take a day's leave in respect of the additional bank holiday."

So, if your contract says you are entitled to eight - or the "usual" amount - bank holidays off a year, then you may have to work on Monday September 19.

But if it states that you are entitled to "all" bank holidays, then you should be given the day off.

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