a guide for employers – Daily Business Magazine

Scotland’s return to football’s biggest stage has raised questions over entitlement to time off, writes KATY SHARPE

As excitement builds towards Scotland’s first appearance at a men’s World Cup for 28 years, employers may find themselves facing a very different kind of fixture list. Annual leave requests are already warming up on the sidelines, and news of a national bank holiday on Monday 15 June following Scotland’s opening match, is adding another factor for employers to consider in their team selection.

While the announcement has generated excitement among fans, it also raises important employment law considerations for employers across the country.

Is the bank holiday automatic for all employees?

The short answer – no. If it is confirmed, only public sector workers working under the umbrella of the Scottish Government would automatically be entitled to the proposed holiday.

For Scottish private sector employers, entitlement depends entirely on the wording of the employment contracts.

What we would expect to see, is the standard clause that employees are entitled to X number of days’ holiday plus the usual bank holidays. In this case, employees will not automatically be entitled to the 15 June bank holiday.

If the contract does not guarantee all bank holidays, employers may choose whether to grant the additional day. Benefits of granting the additional day could include boosted morale and productivity and could see a reduction in unauthorised absences.

What should employers be doing in anticipation?

With only four months until kick-off, private sector employers should review the wording of holiday entitlement within their employee contracts.

If the contract states ‘all bank holidays’, the new holiday must be granted. If it lists specific holidays, employers are not obliged to add new ones.

Katy Sharpe is senior solicitor in employment law at Aberdein Considine

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