Diamond Jubilee: Your rights to a day off work
21.05.2012 14:26
BBC: Preparations for street parties may be in full swing - but for some workers the Queen's Diamond Jubilee celebrations could fall flat.
Many people will not have a legal right to a day off on the extra public holiday that has been declared for Tuesday, 5 June.
The holiday - which is in addition to the existing bank holiday on 4 June - has already caused some concern among businesses, which will ultimately have to cover the cost of 24 hours of lost production and absent staff.
Sir Mervyn King, the Governor of the Bank of England, said that the extra day could also affect the economic output of the UK.
How do I know whether I can have the day off?
Most employers will want to maintain the support of staff and so will offer the extra day as part of paid holiday entitlement, without question.
However, the legal right to the day off depends on the wording of an employee's contract.
All workers have the right to at least 5.6 weeks of paid leave every year under the working time directive - the equivalent of 28 days for full-time workers.
Their contract could say that they should receive 20 days plus all public or bank holidays - in which case they would be legally entitled to the day off on 5 June.
However, the contract may say they get 20 days of leave plus the usual bank holidays - so they will not necessarily be entitled to the extra, "unusual" holiday for the Diamond Jubilee.
"Employers should think back to how they dealt with the additional day of leave in 2011 for the Royal Wedding," says Susan Evans, partner at legal firm Lester Aldridge.
"There is an argument that they should be consistent in their approach."
Cathy Hoar, associate at legal firm Adams and Remers, agrees that if it is normal custom and practice for staff to be given any extra public holidays, and to be paid for them, this is important if entitlement is not clear in contracts.
What happens if I work part-time?
People who work reduced hours are entitled to the same holiday as full-time workers on a pro-rata basis. In other words, they receive the proportion of the 5.6 weeks of holiday that reflects the hours they work.
They should not be discriminated against in any way because they work fewer hours.
However, Ms Hoar points out that there is often confusion in this area because part-time staff might not normally work on the day of the holiday. For example, they might only work Wednesdays and Thursdays.
The additional holiday, on a Tuesday, must be taken into account for holiday entitlement - even if a part-time worker might not normally work on that day.
If I work on the extra holiday, am I entitled to more pay?
Again - disappointingly for some workers - there is no legal right to bonus pay for working on a public or bank holiday. The contract is the key.
"This is also down to the wording of the contract and any custom and practice that has developed," says Ms Evans.
Some contracts stipulate that staff will be paid double for working on any public or bank holidays, and perhaps a day off in lieu, so 5 June would be no different.
Are any employers refusing to allow workers the day off?
The TUC says that some employers failed to give their staff the day off for the Royal Wedding a year ago, and they fear the same might happen for the Diamond Jubilee.
Last year, it wrote to the government, asking ministers to change the law to add a provision to holiday entitlement to take account of any special bank or public holidays. But no provision was made.
Instead, the government has echoed the TUC's view that refusing the extra leave would seriously affect harmony in the workplace.
"The annoyance and ill-will that will be caused by forcing staff to work while everyone else is out having a nice time will far outweigh any benefits from one extra day in the office," says TUC general secretary Brendan Barber.
Some employers may not be able to allow everyone to take the day off, so would need to find a fair way of organising who is in and who is off.
What can I do if my boss is not allowing me to take the holiday?
First of all, people should have a look at their contract to ensure they are entitled to the extra day off.
It might be worth having a quiet word with the boss to check what the arrangements are.
Otherwise, says Ms Hoar, the first step is for workers to raise the issue with their line managers or human-resources department.
Employers should have formal grievance procedures in place, though, and ultimately workers could make claims for a breach of contract.
Diamond Jubilee: World royals gather in UK for Queen
Kings and queens from around the world have gathered in Britain to mark the Queen's Diamond Jubilee.
Twelve UK royals joined the Queen to welcome the sovereigns of 26 countries for a luncheon at Windsor Castle.
Human rights campaigners have condemned the inclusion of Bahrain's King Hamad al-Khalifa but the Palace said the Foreign Office approved his invitation.
Protesters gathered at Buckingham Palace, where Prince Charles is hosting a dinner for some of the royals.
King Hamad is not at the banquet.
Another invitation proving to be controversial is that of King Mswati III of Swaziland, who is accused of living a lavish lifestyle while his people go hungry.
Demonstrators at Buckingham Palace chanted and held banners reading: "Shame on you Liz Windsor," and "Democracy now for Swaziland".
Graham Smith, chief executive of Republic, said the group was "standing in solidarity" with protesters from Bahrain and Swaziland.
Campaigner Peter Tatchell criticised the Queen for "wining and dining dictators who stand accused of very serious human rights abuse".
The Foreign Office earlier said it was having "a full and frank discussion on a range of issues" with Bahrain's government.
The world figures arrived at Windsor Castle in a convoy of black chauffeur-driven cars in time for the start of the lunch at 12:30 BST amid tight security.
Also joining the Queen and Duke of Edinburgh for the lunch were Duke and Duchess of Cambridge, Prince Harry, the Duke of York, Princesses Beatrice and Eugenie and the Earl and Countess of Wessex.
There was a group photograph before the royals sat down to lunch at round tables seating 12. Each group had least one sovereign, their spouse, a member of the British royal family and a member of the royal household.
A British-inspired menu was prepared using many ingredients sourced locally.
To start, the royals were given a tartlet of poached egg with English asparagus.
This was followed by a main course of new season Windsor Lamb with braised potatoes, artichokes, peas, carrots, broad beans, cabbage, and a tomato and basil salad.
Kent strawberries, vanilla Charlotte, dessert fruit and cheese concluded the meal.
The menu for Prince Charles's banquet includes twice-baked cheese souffle with baby leaf spinach, line-caught sea bass with coastal samphire and rhubarb Eton mess.
Mr Tatchell said inviting the kings of Bahrain and Swaziland was "a shocking misjudgement" that showed the Queen was "out of touch with the humanitarian values of most British people".
"Inviting bloodstained despots brings shame to our monarchy and tarnishes the Diamond Jubilee celebrations," he said.
Mohammed Sadiq, spokesperson for Justice for Bahrain, told the BBC he fully supported the Jubilee, but did not understand what had changed in Bahrain to prompt the Queen to invite King Hamad.
In April 2011, Bahrain's Crown Prince Salman bin Hamad al-Khalifa pulled out of the Duke and Duchess of Cambridge's wedding amid controversy over human rights.
Mr Sadiq said: "How would the British feel if the Queen had invited Saddam Hussein or Colonel Gaddafi to such an occasion?"
Last month, Bahrain Grand Prix organisers were urged to cancel the race amid public unrest in the country and accusations of human rights abuses.
A Foreign Office spokesman said Britain had "consistently encouraged the Bahraini government to take further urgent steps to implement in full the recommendations of the Independent Commission of Inquiry as His Majesty the King has committed to doing.
"This includes bringing to account those individuals responsible for human rights abuses."
Gibraltar tensions
On Wednesday, meanwhile, a group of UK-based Swazis protested outside the Savoy hotel, in London, where King Mswati - who is widely accused of profligate spending - is thought to be staying, with a delegation of 30 officials.
King Mswati is rated by Forbes magazine as the world's 15th richest monarch with a personal fortune of $100m (£62m) - while many of his 1.2 million subjects live in poverty.
Democracy campaigners also want Africa's last absolute monarch to allow political parties and elections.
Saudi and Kuwaiti royals are also attending the banquet.
Amnesty international has recently highlighted repression in Saudi Arabia, as the authorities there crack down on protesters and reformists.
And Human Rights Watch has criticised Kuwait for the suspension of a daily newspaper and the conviction of its editor for incitement.
Meanwhile, Queen Sofia of Spain declined to attend because of a dispute over fishing rights off Gibraltar, a UK territory that Spain also claims.