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part time - bank holidays?

(23 Posts)
Fuchi Wed 30-Dec-15 18:12:50

Hi all,
I work four days a week. My day off is a Monday, what was at the request of my employer. I have finally got round to formally asking about bank holiday pay. On a pro-rata basis, I think I should be paid for just over 6 of the 8 bank hols, but am actually only paid for about 3. That is because of the bank hols that fall on Mondays. I had assumed that the correct approach of the company should be to pro-rata them, but they have told me that if your part time work does not include bank holidays, you miss out. Does anyone know that law on this? many thanks.

ginmakesitallok Wed 30-Dec-15 18:16:19

You should still get your bank holidays pro rata. It doesn't matter when they fall.

dementedpixie Wed 30-Dec-15 18:17:07

How many hours do you do over those 4 days? You should get the equivalent of 5.6 weeks holidays. Employers can include the bank holidays within that figure or can give bank holidays over and above it.

dementedpixie Wed 30-Dec-15 18:19:59

Do you do 4 full days? You are entitled to 22.4 days holiday and the bank holiday thing is a red herring unless the other staff get bank holidays on top of the statutory entitlement

ginmakesitallok Wed 30-Dec-15 18:21:59

But you wouldn't get paid for the bank hols which fall on your day off, you'd get part of them to take off at another time

VintageDresses Wed 30-Dec-15 18:24:20

Assuming a five day week working patter for full timers, you should be getting 80% of the full time salary and 80% of the bank holidays added to your leave. You then need to use Al for any bh that falls on your working days.

littleducks Wed 30-Dec-15 18:24:30

I think they are right. I chose not to work Mondays as I wouldn't get paid for Bank Holidays but would have to pay nursery. It seemed pretty common in threads on here

TensionWheelsCoolHeels Wed 30-Dec-15 18:24:56

I don't work Monday's, at my request, but still get the time pro-rata'd & included in my holiday hours.

FishWithABicycle Wed 30-Dec-15 18:29:40

It is illegal to treat part time employees less favourably than full time employees. That means that if you are paid 80% of the wage of a ft employee in the same position, you MUST get 80% of the paid time off.

Employers are allowed to choose whether bank holidays are included in the annual leave total or are given as extra, but either way part time employees are supposed to get the same deal pro rata otherwise it is discrimination.

BestIsWest Wed 30-Dec-15 18:29:48

Exactly what vintagedress said. I work 4 days and my day off is a Wednesday. I get 4/5 of the normal leave allowance and 4/5 of the bank hols allocated to me in hours. This is standard in our company whatever day of the week you are off. I have to use AL for some of the bank hols but someone who took Mondays off would have a bit of extra time to take off on another day. Overall we would both have the same amount of time off.

NeverKnowinglyHelpful Wed 30-Dec-15 18:36:04

I think it depends on what full time employees get. Where I am, full time entitlement is 25 days annual leave plus bank holidays. I work 4 days with Mondays off, so get 20 days annual leave plus 0.8 x 8 days bank holiday added to my annual leave entitlement, with any bank holidays which fall on my working days (Good Friday, and poss Christmas, Boxing Day and New Year depending on when they fall) deducted. So I essentially get the same as full timers, adjusted for the fact that I don't work as much as them, which is fair.

Disclaimer: I have no idea what the actual legal position is!

CPtart Wed 30-Dec-15 18:40:43

I work 20 hours over 3 days with Mondays a day off. I get 5 weeks holiday. Think I'm being diddled hmm

VintageDresses Wed 30-Dec-15 18:46:23

It depends what full timers get Cptart. If their working week is 40 hours, you should get 50% of the hours they do as leave, including bank holidays, but you have to use your leave for bhs that fall on your days.

HarrietSchulenberg Wed 30-Dec-15 18:47:12

I used to work 3 days, Mon-Weds, and if a BH fell on a Monday I was expected to make up the time. I never did, though, as everyone used to forget about it. This was for a large organisation with local authority employment regulations.
Info here from Citizens' Advice is useful.

dementedpixie Wed 30-Dec-15 18:55:40

CPTart you are entitled to 112 hours which works out as 5.6 weeks worth of holidays

CountryLovingGirl Wed 30-Dec-15 19:27:37

I don't work Monday's so have the bank holiday time added to my lieu leave. Yes, you should be getting just over 6 days worth - not 3. They are fobbing you off.

flowery Thu 31-Dec-15 07:58:22

Which days you work makes no difference to you entitlement to time off. It's easier to work it out and explain it if you think of it as total time off rather than trying to separate out bank holidays. If full time employees get 28 days (including bank holidays) then you should get 22.5, including any bank holidays which fall on your working days. Just because fewer bank holidays happen to fall on your normal working days doesn't mean you get less paid time off than everyone else.

Fuchi Fri 01-Jan-16 10:10:07

Thanks for all the posts. My employer gives six weeks of paid holiday a year to full-timers, and I get 4/5 of that. Full timers additionally get all of the bank hols. If the law states that part-timers should be treated the same as full-timers, I think they should simply pro-rata those too. Does anyone know the bit of law that is relevant? I reckon that might help in my dealings with HR. Many thanks again all and I hope everyone has had a good Christmas.

dementedpixie Fri 01-Jan-16 10:56:11

m.acas.org.uk/index.aspx?articleid=1576

flowery Fri 01-Jan-16 12:06:38

It's the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000

Guacamowle Fri 01-Jan-16 15:16:11

If full timers get the bank holidays in addition to annual leave, you should also get 4/5 of the bank holidays - bearing in mind that any bank holidays falling on your working days would need to be deducted from that allowance. That is how we apply it where I work. Certainly worth a word with HR, flagging up the regs Flowery has identified.

Fuchi Fri 01-Jan-16 16:26:38

Thanks all, much appreciated.

TiredButFineODFOJ Sat 02-Jan-16 02:53:37

The start date of the "leave year" has an impact. For example if your leave year is 1 April1 31 March, the number of bank hols will vary. Last year Easter was April and this year it's march, making 10 bh's in my leave year.
Also if you are starting part way through a leave year or changing your hours part way through, this will affect your entitlement.

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