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December 26th Bank Holiday ?

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tony_mac

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It looks to me like December 26th 2015 was a statutory Bank Holiday in England, Wales, and Northern Ireland (obviously, being a Saturday, it shouldn't have been).
It's slightly interesting in the case of parking tickets issued that day. It may also be interesting for anyone who worked that day and was not paid correctly for Bank Holiday working.


Schedule 1 of the Banking and Finance Act 1971 www.legislation.gov.uk/ukpga/1971/80
Says that there is a Bank Holiday on '26th December, if it be not a Sunday.'
So, where Boxing Day is a Saturday, a Royal Proclamation should be issued, moving it to the following Monday.
(Bank Holidays may be amended, or added, by Royal Proclamation - Section 1 of B&F Act 1971).

Here is the example from 2009:
By the Queen A Proclamation APPOINTING MONDAY 28TH DECEMBER 2009 AS A BANK HOLIDAY IN ENGLAND, WALES AND NORTHERN IRELAND IN PLACE OF SATURDAY 26TH DECEMBER 2009
www.thegazette.co.uk/notice/L-59248-979134

However, in 2015, the Royal Proclamation created a Bank Holiday on the 28th, but did not amend the Bank Holiday on the 26th:
BY THE QUEEN A PROCLAMATION APPOINTING MONDAY 28TH DECEMBER 2015, FRIDAY 1ST JANUARY 2016 AND MONDAY 2ND MAY 2016 AS BANK HOLIDAYS IN ENGLAND, WALES AND NORTHERN IRELAND
www.thegazette.co.uk/notice/2370676

This has actually happened before, in 1998, but it was amended later in the year, as discussed in a Parliamentary Research Briefing of December 2015.
http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06170
In 1998, Boxing Day fell on a Saturday. The original Proclamation merely proclaimed Monday, 28 December 1998, a bank holiday. However, this was re-proclaimed later in the year as a substitute for 26 December 1998.

There has been no re-proclamation published yet for 2015.
While it is remotely possible that one was made, but not published yet, that seems quite unlikely. Royal Proclamations are usually handled at Privy Council meetings; all of the meetings up to December 9th do not contain any new proclamation about the Bank Holiday. The Privy Council did not appear to meet again in December (or at least no meeting was scheduled or has been reported in the Court Circular).


I've tried emailing the Privy Council Secretariat for confirmation, but am still waiting for a response (and not genuinely expecting one).
Does anyone have an idea how I could get a definitive response from someone?
 
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Busaholic

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It looks to me like December 26th 2015 was a statutory Bank Holiday in England, Wales, and Northern Ireland (obviously, being a Saturday, it shouldn't have been).
It's slightly interesting in the case of parking tickets issued that day.

Not quite sure why you say that. The nearest parking space to my house is a succession of disabled parking bays, but only restricted to the disabled on Monday to Saturday 9 am to 6 pm. On Good Friday 2014 I stopped there for an hour or two, to find a warden ticketing me as I returned to the car. When I remonstrated he sarcastically pointed out it wasn't Sunday, and suggested I go to Cornwall Council's parking website which stated that public holidays were not 'necessarily' included in the definition of a Sunday for parking purposes. Not being a wealthy man, I paid up at the reduced rate rather than argue the toss and then have to pay the full £70 if I lost.
 

Butts

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It looks to me like December 26th 2015 was a statutory Bank Holiday in England, Wales, and Northern Ireland (obviously, being a Saturday, it shouldn't have been).
It's slightly interesting in the case of parking tickets issued that day. It may also be interesting for anyone who worked that day and was not paid correctly for Bank Holiday working.

Are you assuming that everyone get's paid Premium Rates for working on a Bank Holiday ?

As far as I am aware there is no statutory obligation for employers to do so , it depends on your Contract of Employment.
 

tony_mac

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Not quite sure why you say that.
It depends on what the signs say, which vary across the country. Some areas allow free parking on bank holidays, others don't.

Are you assuming that everyone get's paid Premium Rates for working on a Bank Holiday ?
Obviously not, but some, such as public sector workers, may have it written into their contract.
 

Hadders

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Contrary to popular belief there is no legal entitlement to premium rates of pay if working on a Bank Holiday (or to time off for that matter).

It depends what's in the contract of employment.
 

Butts

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Contrary to popular belief there is no legal entitlement to premium rates of pay if working on a Bank Holiday (or to time off for that matter).

It depends what's in the contract of employment.

Did I fail to close my post with that sentiment - sorry ?
 

tony_mac

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Well, I got a response ...

The Department of Business, Innovation and Skills (BIS) say it was not a bank holiday, because...

It was intended that by the Royal Proclamation of 15th July 2015, 28th December 2015 would be appointed as a bank holiday instead of 26th December 2015.
It was not intended that the 26th December 2015 should remain as a bank holiday.
 

pemma

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It's slightly interesting in the case of parking tickets issued that day. It may also be interesting for anyone who worked that day and was not paid correctly for Bank Holiday working.

Depends what your employment contract says, some are worded in a way that presumes there's never more than 8 Bank Holidays a year and you're not automatically entitled to an extra one off or higher pay for working it should an extra one occur, as happened when there was an extra one for the Queen's 90th Birthday.
 
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