One possible consequence for employers may be that they have to manage a deluge of holiday requests, requiring them to steer a careful course between the risk of having inadequate numbers of staff to run their businesses on the one hand and demotivating employees by refusing holiday requests on the other.
A starting point in any event will be to check the contractual position on holidays as those whose contracts identify the specific bank holidays they can take as holiday may not be entitled as of right to take the day off for this additional bank holiday.
Grievances and more general resentment, as well as potential claims of constructive dismissal and discrimination in extreme cases, are a potential risk if an employer does not act fairly and consistently. Quite apart from ensuring that problems do not arise from favouritism, discrimination or unfairness more generally, such as allowing staff to bypass the normal holiday booking rules, employers may need to consider adopting special arrangements in relation to the Easter/royal wedding period in 2011. Some employers are already considering operating ballots or "first come first served" systems to deal with the allocation of holiday entitlement. It may be appropriate to relax any limits, which an employer normally applies to the number of staff allowed to be away at any one time. Devising and communicating a policy on holidays in this period well in advance can ensure a transparent process and avoid or reduce the uncertainties and resentment, which could arise from a rush to book holiday or refusals of requests.
In light of the potential pressure on holiday bookings, absenteeism may also become an increased concern both in relation to the 3-day week between Easter Monday and the royal wedding or indeed the day itself for those scheduled to work then. To address this, it may be appropriate to remind employees of the applicable policy on unauthorised absence, the procedure for reporting sickness and the potential disciplinary consequences of breach.
Employers also need to bear in mind the need, if problems do arise, to conduct a proper investigation and fair procedure before taking any disciplinary action. Return to work interviews can be a useful tool in monitoring the legitimacy of short-term absence in this period. While the timing of the royal wedding bank holiday means that employers will end up addressing holiday arrangements over this period in the same way as they do the Christmas and New Year period, planning ahead may assist employers to avoiding difficulties down the line.
Charles Wynn-Evans works for legal practice Dechert
