Following the death of Queen Elizabeth II, the National Day of Mourning has been announced as a public holiday, but this does not necessarily mean your place of work is guaranteed to close for the day.
When is the National Day of Mourning for the Queen?
By Royal Proclamation, 19th September 2022 has been designated as a public holiday and the official Day of National Mourning in the UK following the death of the Queen.
Whether or not an employer legally has to provide an additional day’s holiday on the Day of National Mourning for the Queen will depend upon the specific wording within the contract of employment.
Bank holidays and public holidays are largely governed by the Banking and Financial Dealings Act 1971, with some granted by Royal Proclamation. We often refer to these days as public holidays.
The official Day of National Mourning is on the day of the Queen’s funeral, which is September 19th. Usually, this would be 10 days after the death. However, in this circumstance, the 10th day would fall on a Sunday. Therefore, an extra day has been taken.
Do I Have to Work on the National Day of Mourning?
Workers have a statutory right to a minimum of 5.6 weeks’ annual leave per annum, which including public holidays.
There is no specific statutory right to time off on a public holiday. Whether a worker can be required to work on a public holiday or has the right to time off on a public holiday is a matter for the contract of employment.
Employers nevertheless have the discretion to close on the Day of National Mourning. They may also exercise discretion to grant their workers an additional day’s leave.
However, unless the wording of the contract expressly says otherwise, this decision is entirely that of the employer in a similar way as many saw in June 2022 for the Platinum Jubilee.
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