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Public Holidays Policy

Policy Statement

{{org_field_name}} recognises all public holidays in England and Wales [Scotland/Northern Ireland].Wherever possible, employees will be granted these as days of paid holiday in addition to (OR as part of) their annual holiday entitlement.

Procedure

1. {{org_field_name}} recognises all public holidays in England and Wales [Scotland/Northern Ireland] for which employees will receive days off paid at their normal rate of pay.
2. Since {{org_field_name}} operates on a 24-hour basis and does not close on public holidays, it is inevitable that _________ employees will have to work on those days from time to time. Employees will be notified of their requirement to work on those days in the usual way on their rosters. {{org_field_name}} strives to operate a fair rostering system and tries to ensure that no particular employee is required to work more often on public holidays than other employees on the roster.
3. Employees who are required to work on public holidays will be paid at the following rate _________ OR are entitled to an additional _________ days’ paid leave, to be arranged at a time convenient to {{org_field_name}} and subject to management approval.
4. Where employees are ill on a public holiday (on which they are not required to work), they will receive holiday pay at their normal rate of pay. No alternative or additional day off will be given.
5. OR
6. Where employees are ill on a public holiday (on which they are not required to work), the day will be treated as sickness absence, provided {{org_field_name}} is satisfied with the genuineness of the illness and a medical certificate is provided. Sick pay will be paid and an alternative day off in lieu will be given to be taken at a later date subject to management approval.
7. Employees who are ill on a public holiday on which they are required to work must satisfy {{org_field_name}} that the illness is genuine and provide a self-certificate [medical certificate] in order to receive sick pay for that day. Sick pay will be paid at the normal daily rate.

Note: Regarding paragraph 4 above, on the basis of the Pereda v Madrid Movilidad SA ECJ case, employees could seek to argue that they should not be forced to take the day as holiday if unwell. The issue of illness on bank or public holidays was not specifically decided in that case.

Additional Clauses

1. To qualify for payment for a public holiday, employees must work up until their normal finishing time on the last working day before the holiday and must return to work at the normal starting time on the first working day after it. (An exception to this is employees who have received approval to add the public holiday on to a period of annual holiday.) An employee who is off sick during the days surrounding a public holiday must satisfy {{org_field_name}} that the illness is genuine and provide a medical certificate. Unauthorised absence immediately before or after a public holiday will result in loss of holiday pay, in addition to possible disciplinary action**.
2. Employees who are required to work on public holidays will be paid at the following rate _________ OR are entitled to an additional ___ days’ paid leave, to be arranged at a time convenient to the needs of {{org_field_name}} and subject to management approval.

**While this clause is acceptable, bear in mind that workers must be given the minimum of 5.6 weeks’ paid leave per annum. Workers who regularly take time off around public holidays but who are not actually paid for the public holidays may fall below the minimum threshold.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

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