The Queen’s passing has saddened the world as well changing how we may now see our future Monarchy as Charles becomes King.
Published: September 15, 2022
Author: admin

The government has decided to make her funeral date 19th September 2022 a bank holiday.

This means schools are closing; court dates and appointments cancelled, but what if your business or employer cant close or permit staff to work remotely? What do you do if you are a parent and the schools have closed and you need to work? Businesses won’t want to attract criticism for being unable to allow their staff time off, but with such short notice what are they permitted to do lawfully and what are employee rights?

Legal entitlement

There is, by law though, no statutory entitlement to time off for bank holidays, including this grave day. Employers can state in an employee’s contract that bank holidays do form part of an employee’s annual leave entitlement and many working Monday to Friday will do so, but that is not the case for everyone , like for example retail , civil servants and other sectors that need 7 days a week coverage this will not be the case.
How do you know if you can take this day off? Well first you would review your employment contract and any holiday / leave policies in place. What does it say specifically about bank holidays, are they included in the entitlement? Now the interesting technical aspect is does it state ‘bank holidays’ or does it say 8 days bank holidays? The contractual right to be off and paid maybe present, but what about this new ‘9th’ day is that covered? In this case, based on strict contractual law, the employee does not have the contractual right to time off for this date.

This means you need to approach the employer and see if you can agree time off or perhaps see if you can change rota with other staff as this will all be entirely discretionary. Obviously, employees could also request this as annual leave deducted or suggest unpaid leave but this is again is at the discretion of the employer and subject to the needs of the business.
Working Parents
As we know many of the schools are closing giving parents now limited time to arrange childcare . Ass such employers will need to be careful not to discriminate in its decisions for leave or remote working or otherwise. Being a parent is not a protected characteristic but if you prejudice a gender inadvertently as result this could have consequences . So men and women should be given the same consideration for leave at this time. This could also be said the same for age if many of your younger staff need time for childcare , as oppose to more seasoned staff – juggling how employers approach this means caution and sensitivity .

Forced to work

Can your employer force you to work Monday 19th September – the short answer is if you have no contractual right to leave, as above, yes they can and failure to work would be a breach of contract and potentially gross misconduct allowing them to terminate your position or give them a reason for a written warning . If however, the contact affords you this time off , the employer would be in breach of contract and this would enable the employee to issue a grievance or potentially a claim if denied. So , reviewing the legal documents is key as well as communication with your employer.

Businesses , employers , parents , employees have all faced so much over recent years and communication , policies and consideration to each others needs is vital on both sides. Many businesses need to stay operational to get back on their feet and they may not be able to give its staff time off so talking to each other may enable both employers and employees to find a happy medium

Karen Holden

Founder and MD


Karen is the visionary founder of A City Law Firm, recognised globally and ranked by Chambers & Partners. She has years of legal expertise s in advising founders and businesses in all sectors , but particularly in cutting-edge sectors such as AI, blockchain, fintech, and autonomous technology.

Her firm stands at the forefront of innovation, providing bespoke legal solutions for businesses preparing for investment, navigating international expansions, and protecting intellectual property in rapidly evolving industries. Her idea to offer fixed fees and packages are born with her vision to offer accessible but bespoke legal services to everyone.

Director & Head of Commercial Team

Founder and MD


Jacqueline heads up our Corporate and Commercial Team, is a Director of the Firm and sits on the Management Team. She is a confident and skilled negotiator, achieves favourable results for her clients and is a seasoned innovator.

Jacqueline head up a specialist team of lawyers best placed to advise on new innovation. Whilst she oversees all work undertaken by her team, she also runs the more complex investment rounds and enjoys working with those looking to disrupt their marketplace or using new and innovative technologies. She has specialist experience in crypto-currency and block chain, where she runs a steering panel of experts in this field as well as giving expert commentary and talks. She has a passion and understanding of machine learning and AI and works closely with our clients in developing their IP, business and securing investment. She has an array of clients across a multitude of sectors and disciplines, each at varying stages of funding, expansion and exits.

PRESS, AWARDS, TESTIMONIALS, ARTICLES

Silenced by Fear: A Guide to Addressing Sexual Harassment from Those in Power

Introduction Sexual harassment can occur in many contexts, not just in the workplace. When the harasser is in a position of power—be it a manager, investor, joint venture partner, or any influential figure—it can create a climate of fear that discourages victims from...

From partners to rivals | Protecting your company using restrictive covenants

If a founder or shareholders or senior managers relationship sours, things can go wrong very quickly causing the company distraction and financial losses. This is compounded if on exit the departing individual seeks to poach clients or staff seeks to work with a...

Navigating Fashion’s Legal Landscape: Essential Guidance for Designers and Entrepreneurs

Introduction: Fashion Week is more than just runways and glamorous designs it's also a pivotal time for designers, entrepreneurs, and brands to reassess their legal strategies. As the fashion industry faces unique challenges heading into 2025, including new...

From Partners to Rivals: Protecting Your Company through restrictive covenants

Today, we’re tackling an issue that can make or break your business—restrictive covenants and their role in protecting your company during shareholder, director or staff disputes. We will touch on their importance, how these should be incorporated into your documents...

Protecting AI Innovations: Strategies and Guidelines – Part 2

As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are...

The Life of a Disruptive Lawyer: Innovating Legal Practice in Emerging Technologies ran by a Mum & Female Founder

In the staid and often stolid world of law, disruption is not a term often associated with the legal profession. Yet, at A City Law Firm , disruption is our modus operandi. From pioneering payment plans to engaging with cutting-edge technology, we have redefined what...

Protecting AI Innovations: Strategies and Guidelines – Part 1

As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are...

Tackling workplace toxicity

In today’s interconnected work environment, whether through face-to-face interactions, virtual meetings on Teams, or other communication platforms, issues such as derogatory comments, bad-mouthing employers and management, bullying and discrimination are prevalent....

Navigating the metaverse | Potential challenges for employers and employees in the UK

With the rapid advancement of technology, the concept of the metaverse is no longer confined to the realm of science fiction it is here. As virtual reality, augmented reality, and other immersive technologies converge, the metaverse is becoming increasingly tangible....

IP Licenses: When do you need one and what are the essential terms it must have?

As technology lawyers working in emerging technology, our biggest value is protecting and commercialising the founders IP The why ? In the fast-paced world of intellectual property (IP), safeguarding your creations is paramount. Whether you’re an inventor, artist, or...