Extra bank holiday: what it will mean for your staff


Brits will be given an additional bank holiday in June to celebrate the Queen’s Platinum Jubilee. We report how the change will affect employers and their staff, and also look at guidance on PPE and face masks in the workplace.


In 2022, the last May bank holiday has been moved to Thursday June 2 and there’s a one-off additional bank holiday on Friday June 3, to celebrate the Queen’s Platinum Jubilee.


basis – part timers don’t get the full annual bank holiday entitlement. Regarding the extra bank holiday in 2022, whether you must


grant it or not to a part-timer will depend on the contract of employment and how your full-time staff are treated. In the event you decide to grant all your full timers the additional bank holiday as an extra day’s holiday, you’ll have to do the same for your part-timers, even though they will effectively be placed in a better position. This will ensure you comply with the regulations.


New duty to provide PPE for workers On April 6, 2022, the Personal Protective Equipment [PPE] at Work Regulations 2022 came into force. They extend the duty on employers to provide personal protective equipment, including clothing, to those classed as ‘limb [b] workers. Unlike employees, who are ‘limb [a] workers’ and work under an employment contract, limb [b] workers undertake work via a ‘contract for service’ and usually have a more casual relationship with the employer.


We have been asked by several Retra members: “If a part timer doesn’t usually work on Fridays, must you give them time off in lieu?” The additional bank holiday that has been granted on June 3 isn’t a permanent extra one – it’s a one-off and all other bank holidays during 2022 remain unchanged. While an extra bank holiday is something to look forward to,


it does create some practical issues for employers. For example, part-timers who usually work on Mondays won’t benefit from the usual late May bank holiday as Monday 30 May 2022 is a normal working day. In addition, any part-timer who doesn’t work on Thursdays and


Fridays won’t be able to benefit from the bank holiday changes either; depending on the terms of their employment contract, they could miss out on one- or two-days’ holiday. Where a part-timer is affected by the 2022 bank holiday


changes, are you required to grant them additional holiday in lieu?


Compensated There’s no law which governs how you should handle bank holidays and part-timers aren’t automatically entitled to be compensated with any additional holiday in lieu - or payment in lieu - of a bank holiday. Instead, what happens in this situation is dictated by the terms and conditions which are set out in the employment contract. Where an employment contract is silent on an issue relating to bank holidays, such as additional and moved bank holidays, this is a matter for agreement between you and the part-timer. Having said that, you must take into consideration the Part-time


Workers Regulations 2000. These state that part-timers must not be treated less favourably than their full-time counterparts unless the difference in treatment can be justified. This exclusion is unlikely to apply to the bank holiday changes


in 2022 so, to ensure compliance with the regulations, you should calculate a part-timer’s bank holiday entitlement for 2022 on a pro rata


Under the new law you will need to conduct a risk assessment to establish whether any worker you instruct requires PPE to safely carry out their work. Where it’s required, you must provide all necessary PPE or


clothing free of charge - as you do now for employees. You’re also responsible for the storage, maintenance of any PPE


that’s provided. There is new guidance on the HSE website - https://www.hse.gov.uk to help employers comply with the new duty.


“


While an extra bank holiday is something to look forward to, it does create some practical issues for employers


Face masks


Members have been asking for guidance on the wearing of face masks at work. A regular question has been: “Can we insist that our employees continue to wear face masks in the workplace?” The answer is yes. You can set your own workplace rules with


regards to the wearing of face masks. However, there should be a solid reason behind your instruction, for example, your employees work in proximity, and this is to protect their health and safety. Where you insist that face masks continue to be worn, employees should be informed that this is the reason behind your decision. You are responsible for providing face masks to employees. If you have decided to drop the wearing of face masks altogether, you should still give your employees the choice to wear one, i.e., don’t ban them. Some people feel more comfortable wearing a face mask all the time and others may choose to when illnesses are more prevalent.


As with most things in the employer/ employee relationship, it is best to try and accommodate staff’s needs and concerns wherever possible.


Business Matters 17


Business Matters


“


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52