Additional Item - Queen Elizabeth II Funeral - Approved Bank Holiday
North Lanarkshire Council · 14 September 2022
Back to Finance and Resources Committee — 14 September 2022 and its agenda
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North Lanarkshire Council Report Economy, Finance & Resources Committee Does this report require to be approved? ☒ Yes ☐ No Ref FW/LC Date 14/09/22 Queen Elizabeth II Funeral – Approved Bank Holiday From Fiona Whittaker, Head of People and Organisational Development E-mail Whittakerf@northlan.gov.uk Telephone 07973 728628 Executive Summary Following the death of Queen Elizabeth II on Thursday 8 September 2022, King Charles III approved an order for the day of the Queen’s funeral to be a bank holiday across the United Kingdom. The Queen’s funeral will take place on Monday 19 September 2022. Scottish Government have since confirmed that this date will be a bank holiday to mark the last day of the period of National Mourning. They have further confirmed that all schools and early years settings across Scotland, that would normally be closed on a bank holiday, should close on that day as mark of respect. While there is no instruction to close other local authority services, there is an expectation that many workers will be able to take the day off on the bank holiday, and that employers will respond sensitively to requests from workers who wish to take the day off for the funeral. The purpose of this report is to ask Committee to consider the implications of the additional holiday on service provision and to agree the principles around the application of the additional bank holiday. Recommendations Committee are asked to: 1. Note the formal announcement of a bank holiday on Monday 19 September 2022 to allow people to mourn the death of Queen Elizabeth II on the day of her funeral. 2. Agree to the closure of all schools and nursery establishments on Monday 19 September 2022. 3. Agree to the closure of other services in line with the approach taken for the Queen’s Jubilee in June of this year. 4. Note that to enable this, we will apply for the statutory schooling days for pupils in North Lanarkshire Council to be reduced to 189 days from 190 days in 2022. 5. Agree the principles around the application of the bank holiday within the Council. The Plan for North Lanarkshire
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1. Background 1.1 On Saturday 10 September 2022, King Charles III approved a bank holiday for Monday 19 September 2022, which is the day of the Queen’s funeral. 1.2 The UK government has asked that employers allow for as many employees as possible to be allowed the day off to join the nation in mourning the death of the Queen, with an expectation that employers will also react sensitively to requests from workers to take the day off for the funeral. 1.3 For clarification, bank holidays (although not normally recognised by the Council) are holidays when banks and many other businesses are closed for the day. Public holidays are holidays which have been observed by custom and practice, i.e. Christmas Day and Easter. 1.4 As outlined above, the Council does not refer to, nor normally recognise bank holidays, but in these exceptional circumstances, the rules and procedures around public holidays should apply to the declared bank holiday. 1.5 As an individual employer, the Council does have the option to designate the day as an additional day of annual leave, rather than a public holiday. Awarding an extra day’s annual leave would be less costly for those essential services who may be required to run on that day, however it is deemed that it would not be appropriate under the circumstances to take this approach, and because the Queen’s Jubilee Day in June was awarded by the Council as a public holiday. 1.6 As this is an exceptional and unprecedented circumstance, we also expect that trade unions and employee’s expectations will be that the day will be acknowledged as a bank holiday and therefore the rules around public holidays will apply to those who are required to work. 2. Report 2.1 Legal Position 2.1.1. The Scotland Act 1998 gives Scottish Ministers the responsibility for setting bank holidays (Part II of Schedule 5). The Banking and Financial Dealings Act 1971 provides the statutory basis for UK bank holidays; and Schedule 1 to the Act prescribes Scottish bank holidays. Special days can be appointed under the 1971 Act as bank holidays (either additional or in place of bank holidays which fall on a Saturday or Sunday) subject to Royal Proclamation each year. On Saturday 10 September 2022, the newly appointed King used these powers to declare a bank holiday on the day of the Queens funeral. 2.1.2 There is no statutory right for employees to take public holidays off work. Any right to time off depends on the terms of the employee’s contract of employment. If the contract of employment entitles the worker to a specified number of days' holiday inclusive of bank and public holidays, then the additional holiday will have no effect on the overall contractual entitlement. If the contract entitles the worker to a specified number of days’ Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition
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holiday plus all recognised bank and public holidays, they will be contractually entitled to the additional day. 2.1.3 As contracts of employment within the Council outline the number of days leave inclusive of public holidays, which are clearly specified, there is no contractual entitlement to the additional days leave. It is the decision of the Council as to whether to award the additional day as a bank holiday or annual leave day. 2.1.4 The conditions that govern single status staff (known as the Red book) state that general and public holidays recognised by the Council for its employees will be granted as holidays with pay and that by local agreement some of these may be added to annual leave. 2.2 Proposal 2.2.1 It is proposed that an additional day’s leave is awarded to all employees of North Lanarkshire Council in the form of a bank holiday on Monday 19 September 2022, allowing the Council to close on this day. 2.2.2 However, unlike other public holidays where some services operate, it is proposed that the Council closes all services, except those which are deemed essential to support the residents of North Lanarkshire. This will allow for as many employees as possible to mourn the loss of the Queen on the day of her funeral. A similar approach was taken by services during the celebration of the Queen’s Jubilee in June. 2.2.3 During the Queen’s Jubilee holiday, our Waste Services remained open, alongside our essential Health and Social Care and Housing services, this approach will be mirrored for the 19th September to allow as many staff as possible to join in the national day of mourning. There may also be a small number of other staff aligned to services who will be required to operate on that day, for example the vaccinations team and Active & Creative Communities staff who are currently supporting the vaccination centres, which it has been confirmed will open on Monday 19th Sept. 2.2.4 It has already been confirmed that all schools and nursery establishments will be closed on Monday 19 September 2022, reducing the statutory number of schooling days within North Lanarkshire Council to 189. Scottish Government guidance states that where an application for an exemption from Regulation 5 of the Schools General (Scotland) Regulations 1975 is required, these should be submitted and will be dealt with quickly. 2.2.5 All employees who are required to work on Monday 19 September 2022, will receive the enhanced rates and provisions that are applicable to public holidays within our normal terms and conditions. 2.2.6 Part-time employees will benefit from a pro-rated entitlement and employees on maternity leave will also benefit from an additional bank holiday on their return to work. Employees who work an alternative work pattern to the normal 35 hours over five days (i.e. Monday to Friday) will have the additional bank holiday entitlement calculated in the same way as all other public holidays. Due to the nature and reason for this additional bank holiday, managers should encourage employees to take the bank holiday at the earliest possible point. 2.2.7 Employees who are on sickness absence or suspended from duty will not receive an additional day if they remain absent from work on Monday 19 September 2022 and this is in line with the Council’s conditions of service and current practice.
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2.2.8 Our Trade Unions have been fully consulted on this approach and are happy with the Council’s proposed position. 2.2.8 Following agreement at Committee, appropriate communications will be issued to staff, parents and the local community, and the school holidays for session 2022/23 will be updated accordingly. 3. Measures of success 3.1 The decision to award an additional bank holiday on Monday 19 September 2022 is applied fairly and consistently across the Council and in line with conditions of service, policy and procedure. 3.2 Employees are afforded the opportunity to mourn the death of Queen Elizabeth II on the day of her funeral on Monday 19 September 2022. 4. Supporting documentation Not Applicable Fiona Whittaker Head of People and Organisational Development
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? With the contractual requirement to pay enhanced rates to employees who are required to work on a public holiday, there will be an additional cost to the Council. At the time of writing this report, the estimated cost was not available however if the Council chooses to close almost all services, the cost should be less than normal public holidays expenditure. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Contractually, employees are not entitled to an additional day’s leave, but there is an explicit expectation that the Council will honour the decision on this matter. It is the sole decision of the Council as to how any additional leave which is granted, should be classified and applied, in line with locally agreed policies and conditions and within the Red Book for single status employees. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒
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If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☒ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Communications will be required to be issued to employees and the public once decisions regarding the day and the closure of services have been finalised. 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed?