Top 10 HR questions September 2022: additional bank holidays

The bank holiday on the day of the Queen’s funeral was the second additional bank holiday employers had to manage this year.

HR needs to make sure they treat employees fairly if an additional bank holiday is announced, such as occurred earlier in the year for the Queen’s Platinum Jubilee and for the funeral on 19 September. Whether employees are entitled to time off in these circumstances depends on the terms of their contracts, although many employers will decide to allow the time off in any event.

It is likely, although not yet confirmed, that there will be an additional bank holiday in 2023 for the King’s Coronation. The number one FAQ in September looks at how different contractual wording affects employees’ entitlement.

Bank holidays can also raise questions for HR where employees do not work regular, full-time hours. Employers need to make sure that part-time and shift-working employees are not disadvantaged in terms of their holiday entitlement if they are not scheduled to work on a bank holiday.

Another of last month’s popular FAQs addresses the challenging question of entitlement to pay during the notice period if the employee is on long-term sickness absence and not receiving sick pay. The legislation covering this situation is far from straightforward.

Another potentially tricky situation for HR is dealt with in a question on responsibility for compliance with working time limits where an employee has two jobs.

The top 10 HR questions in September 2022:

1. What is an employee’s holiday entitlement if an extra bank holiday is granted one year?

2. If an employee’s contractual holiday entitlement is a number of days “plus eight bank holidays” are they entitled to an extra bank holiday that is granted one year?

3. If a part-time or shift-working employee is not scheduled to work on a bank holiday, are they entitled to an additional day’s holiday?

4. Is an employee who has exhausted their sick pay entitled to notice pay if dismissed on grounds of ill health?

5. Where an employee has two jobs which employer is responsible for ensuring that their total weekly hours do not exceed the working time limits?

6. How should an employer calculate a term-time worker’s paid holiday?

7. Where an employee’s period of paternity leave coincides with a bank holiday, must the employer provide a compensatory day off or pay in lieu?

8. Must employers provide equipment for employees who work from home?

9. Are employers required to pay for eye tests and glasses for employees who use visual display units?

10. Can an employer use a trial period to test whether a proposed flexible working arrangement would work?
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