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18:44 on Tuesday
28 October 2003

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Public Holiday Clarification


In the light of next year’s additional public holiday, and a recent ruling by the Employment Appeals Tribunal, now is a good time to review contracts to ensure that public holidays are correctly catered for.

Next Year, there is an additional bank holiday because it is the Queen’s Golden Jubilee. This additional day is on Monday 3rd June. In addition, the Spring Bank Holiday that is usually at the end of May, has been moved to Tuesday 4th June, meaning effectively that there will be an extra long weekend.

However, a recent decision by the Employment Appeals tribunal said that the entitlement to public holidays is governed exclusively by the employment contract, and that if there is no contract, it is wrong to assume that such holidays will be paid.

This is an area where there could be a great deal of confusion - particularly next year with the additional public holiday. Many employees who do not have a contract of employment may be assuming they will get paid for this day, when this is not necessarily the case. The best way the be sure that situations such as this are covered is to ensure contracts of employment specifically state which holidays will and will not be paid.

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This article is an employment law e-ssentials bulletin produced by Hegarty & Co

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