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Original poster

part-timer treated less favourably - advice please

95 replies

Kbear · 29/10/2019 18:30

My boss has given the whole company the day off on Christmas Eve. Some of us are part time, some full time. My colleague is part time and doesn't work Tuesdays so doesn't benefit from the extra day's holiday. Should she be allowed to take an extra another time?

Our feeling is yes she should. Boss says no, it's a perk and it's just unfortunate she doesn't benefit from it.

Can anyone advise please?

OP posts:
NerdyBird · 29/10/2019 18:52

In the company I work for they give an extra day off at christmas. If it falls on a day part timers don't work you can agree another day in the xmas period with your manager. Part time people will lose the benefit sometimes otherwise, whilst full timers never would.

Reachedsohigh · 29/10/2019 18:53

My office closes early on christmas eve, people who want the day off book a whole day not half - closing early is a perk not a right. If she fights this your boss is likely to never do a discretionary day again. I'm part time and this sense of entitlement really gets to me.

Scarydinosaurs · 29/10/2019 18:54

If you have Mondays off because you’re PT, and then it’s a bank holiday, you don’t get an extra day off.

Surely this is the same thing?

Reachedsohigh · 29/10/2019 18:55

If it was a day she was due to work would she expect to only be entitled to part of the day ie 4/5 or 3/5 etc depending on the days she works?

BarrenFieldofFucks · 29/10/2019 18:55

It is a perk to let those who are in on Christmas Eve go home early or not come in. As she has to do neither of those things she isn't entitled to it. If she raised this I can fully anticipate a manager saying "yes, you're right. Everyone in on Christmas Eve, now that's all fair."

Princessgenie · 29/10/2019 18:56

I work in HR. I would say she does not get it. And I would say that it is not less favourable treatment on the grounds of being part time as if she worked part time and the day he is closing is a day she would have been in then she would have got the day off. So there could be five part timers who all have a different day of the working week off - four miss out. One benefits. Just the way it goes.

bedtimestories · 29/10/2019 18:58

It's just the same as if you were allowed to leave early on Xmas/new year's eve. Those who were off on leave/non working day (for what ever reason) wouldn't ask for the same amount of time off on another day. I see it as a perk of working that day

Strangerthingshere · 29/10/2019 19:01

Why do you care so much?

ChicCauldron · 29/10/2019 19:05

No-one can take the day another time though! It's just that one day, Christmas Eve which she doesn't work! Is it you really, OP?

12help34please56 · 29/10/2019 19:09

For normal bank holidays where I work I accrue 0.5 days holiday as I'm 0.5 FTE regardless of whether I am contracted to work them or not. But for those that I am contracted to work I have to take a whole day of annual leave so it eats into my actual annual leave (as a one off but it does even out over a couple if years depending on when Christmas falls) so as a pp has said, if this happens next year on a day she did work, she'd have to top up to the full day with her annual leave. Would she be happy with that?

I've worked in a large organisation where they have given extra days for ad hoc reasons - the first year caused so many problems that any time it happened after then HR were really clear that it was an extra for anyone contracted to work that day and didn't add to anyone's annual leave allowance including those on mat leave. I think the fall out from it also prompted the top bod to make us all work a full day the following Christmas Eve just to prove a point as we had normally been allowed to leave early afternoon!

As a fellow part timer I would just suck it up but then I'm so grateful to have a part time job as they seem to be like gold dust that I tend not to get bothered about all number of things that would previously wind me up!

hairypaws · 29/10/2019 19:11

I work in the NHS (community based) and am part time. We are all allowed home early on Christmas Eve and Hogmanay but I miss out as I have already finished by then and am not told to go an hour earlier for instance. It's just tough luck, you need to physically be there to gain from this.

Iloveacurry · 29/10/2019 19:21

I work part time, Monday to Friday, 9:30 to 1:30. Christmas Eve my work usually lets everyone go home at lunchtime so it’s no benefit for me. I don’t think I’m missing out, because I don’t work in the afternoon anyway.

It’s bit like taking a day holiday on Christmas Eve if you work full time, then your colleagues working get to finish at lunchtime, you then miss out. It’s just the way it is!

Next year Christmas Eve will be a different day so perhaps your colleague will benefit then.

MaybeDoctor · 29/10/2019 19:21

I think as it is a site closure it is one of those things - just like if an office has to close for any other reason such as a flood or IT systems failure.

I am a part-timer myself but think it is fairly poor form to make a fuss about this.

leghairdontcare · 29/10/2019 19:42

I can see why your instincts are to think it's unfair. However the full time workers have not been given an extra holiday. If their contracts were change to add a holiday then part time staff would get a pro-rata version. It's discretionary. A better way to look at it would be if the office closed due to snow on her day off, she wouldn't get an extra day off.

Original poster
Kbear · 29/10/2019 22:30

thanks for your replies - still none the wiser as to whether it's discriminatory or not but I'll send this link to her for info

No it's not me, I work full time but previously did work part time so I know the law protects part time workers and holidays and bank holidays are pro rata etc

And why do I care? someone asked.... why does anyone care about anything? just because I'm interested, she's my colleague, it's just a conversation..... why do you care enough to ask "why do you care?" Weird

OP posts:
RedskyToNight · 29/10/2019 22:35

If it's a standard holiday then she could get it pro-rata. If it's just a random goodwill gesture, then she doesn't. Same as if the boss spontaneously announced everyone could go home an hour early - you don't get to take your hour off another time, if you're not in that day.

tinierclanger · 29/10/2019 22:50

“If you have Mondays off because you’re PT, and then it’s a bank holiday, you don’t get an extra day off”

Bank holidays are added into annual leave entitlement and pro rata-d for part timers. How the calculation works depends on what days you work, but it has to be adjusted accordingly. It isn’t a matter of luck on what days you work.

What legally applies in this particular case, I’m not sure of. It doesn’t seem reasonable to equate it to an unplanned day for some kind of disaster though. It’s a planned bonus. Referring to it as a “perk” really doesn’t help either. Part timers are entitled to their share of those too.

But there is a load of misinformation like the above being bandied about. And some kind of weird attitude that part timers should be grateful for what they’re given, and that any employee should be humbly thanking their employer for doing them the great favour of employing them. You do know your bosses are making a profit out of you don’t you? They’re not helping out of the goodness of their hearts.

Witchend · 29/10/2019 23:35

No she shouldn't.
Like if you came in and found the office was flooded and you were all sent home, someone who wasn't in that day couldn't claim a day off in leu. Or a snow day etc.

I lose a day holiday this year when the bank holiday changes to Friday and I don't work Fridays. I don't get to claim another day.

heartsonacake · 29/10/2019 23:41

No, she doesn’t get it. This is a perk at the boss’ discretion. She is not being treated unfairly or being discriminated against.

People kicking up a fuss about things like this is why so few people receive such benefits anymore. It’s too much hassle.

YobaOljazUwaque · 30/10/2019 00:02

Technically yes it is treating a part timer less favourably.

If she makes a fuss about this then the most rational response would be for the boss to cancel the goodwill extra day idea, still close the company that day but require everyone who normally works on a Tuesday to take that day as annual leave. Employers have every right to dictate when annual leave can be taken.

If the boss is feeling like rubbing it in he may also give your friend the task of liaising with any employee who is thereby forced over the limit if their holiday allowance, to arrange with them which other prebooked day of leave they will cancel, or will they make up the difference by losing a day's pay?

Notthisnotthat · 30/10/2019 05:57

My work closes early on Christmas Eve as a treat and it's not in a contract. I take the whole day off most years so don't benefit from this, but I think it's a lovely gesture of goodwill. I would be mega annoyed if folk kicked up a fuss about it.

Loopytiles · 30/10/2019 06:04

This is not discriminatory.

Tatty101 · 30/10/2019 06:22

Hi OP,

Definitely not discrimination - working part time hours isnt a protected characteristic.

I'd imagine this would be down to company policy - there's no legislation that entitles you to AL above and beyond your contract regardless of your working hours- its totally down to company policy/director discretion

Waxonwaxoff0 · 30/10/2019 06:33

Not discriminatory. I work part time and don't work Fridays. As May Day is on a Friday next year I'll be losing out on a bank holiday. I don't expect an extra day off in lieu.

quincejamplease · 30/10/2019 06:46

Part time workers are protected from less favourable treatment than full time workers. Protected characteristics don't come into it.

But this is non contractual. It's not annual leave, so there is no pro rata for anyone.

Like if the company made an ex gratia payment to one employee - nobody else would be entitled to the same. That's the whole point of it being non contractual.

If you/she remains unconvinced just call Acas and get qualified advice for free. Even if people on here claim to be experts you have no way to verify it.