Is this discrimination against part time staff

[confusedparttimer]

Can anybody who works in HR please explain this to me?

In work my holiday entitlement is given in hours because I work part time.

Holidays start in January however I have only just been told how many hours I have, I had asked several times but been told to just book any holidays I require and wait for them to be worked out. Which was inconvenient.

I had roughly worked out my allowance (correctly) but am surprised that bank holidays have been deducted from my allowance.

Full time staff get 25 days PLUS 8 days bank holiday.

I work 9.30 - 4.30 with a half hour lunch 4 days a week and have Mondays off, and I get 172 hours holiday and then have 3 bank holidays DEDUCTED.

How is this fair???

What does your contract say about annual leave and bank holidays?

bank holidays are good friday, christmas day, boxing day if you dont work mondays you are not entitled to bank holiday mondays

Please look up the Gov.uk site - you're already being given wromg information. Paid Bank Holidays are NOT a right.

www.gov.uk/holiday-entitlement-rights

Bank holidays

Bank or public holidays do not have to be given as paid leave.

An employer can choose to include bank holidays as part of a worker’s statutory annual leave.

Sounds about right.
You are entitled to a proportion of bank holidays according to the amount of hours you work. You are getting an allowance of 5 bank holidays out of a total of 8.

In the past people that didn’t work Mondays didn’t get any bank holiday allowance whatsoever, so what you’ve got is fair

My husbands are all in hours and he's full time.

Bank holidays would depend on what days you work, if you don't work Mondays then it sounds right.

When I worked three days a week I got 17 days a year holiday entitlement and any bank holiday that fell on one of the days I worked was deducted from my holiday entitlement.

I work part time and don’t work Mondays and Fridays but I am still given a bank holiday ‘allowance’ which obviously isn’t the full 8 days as I don’t work full time but it’s a proportion.

25 days +8 bank holidays is 6.6 weeks off for full time staff.

You work 26 hours a week, so 172 hours holiday is 6.6 weeks. So the same as the full time staff. What I think they mean by 3 bank holidays being deducted is that if it's a bank holiday on a day you would otherwise be working then you would have to take it as part of your leave.

I work 3 days, not Monday. I get both leave and bank holidays pro rata.

So I get 3/5 of the normal leave plus 3/5 of all the bank holidays - you are still entitled to bank holidays even if you don't work all of them!

You just have to book any bank holidays that fall on your days out of your leave.

You don't normally work on a monday which is when bank holidays mostly fall. Why would you expect to get holidays for all 8?

If it's worked out on hours, you're working 28 hours per week and that entitles you to 157 hours holiday per year. They're above the legal requirement.

I’m part time and we get an amount added on to our holidays as a proportion of the total bank holidays but then have to use that if the bank holiday falls on our work day.

Where I work part time workers get a proportion of the bank holidays in line with the hours they work.

What do you think you should get?

What's your company policy? At my work part timers get a pro-rata bank holiday entitlement which is added to their allowance if they don't work on Mondays. Bank holidays aren't a legal right, it depends on what your company allows. However, if they allow full timers bank holidays they should allow part-timers their pro-rata share of bank holidays (which seems to be what's happening in your case?)

I get given a proportion of the bank holidays ( pro rated) and then any bank holiday that falls on my day gets taken off my holiday allowance. I used to work Mondays and Tuesdays so I would something like 7/8 days taken off my leave. It was a pain. As it left me with hardly any leave to take whole weeks off when I wanted them.
Have switched to Tuesdays/ wednesdays now and it works out a lot better for me now.
Be thankful you don’t work Mondays!

It is fair though. It means that everyone gets the same amount of time off ( proportionate to their time in work).

Sorry, Slarty, but you're wrong. Everyone is entitled to 20 days annual leave + 8 public holidays pa. Bank holiday hours should be added to your annual leave entitlement, then deducted when you have a public holiday (unless you're working that day).

The formula DP (a payroll manager) uses is: (weekly hours/5) x 8 on top of the annual leave allocation in hours.

I work 24 hours pw, Tues-Fri. The organisation I work for uses a software package (iTrent) for pay, leave, sickness etc. DP's formula applied to my leave allocation gives the exact same result as the software does, so I suspect it's correct!

Annual leave hours are calculated on the average day length as well, otherwise people working p/t hours over 5 days would lose out when compared to those working the same hours over fewer days.

OP, applying this formula gives you a total of 171.6 hours of leave/public hols per year, so their 172 is correct when rounded up. The three days they have deducted are probably Good Friday, when you would normally work, and possibly the 2 days at Christmas, as they fall on a Tues and Weds this year.

It looks spot on to me.

172 / 6.5 = 26.5 days

What part is unfair??

You work less hours, you get less holiday leave. This includes less bank / public hol leave entitlement. Yours will be worked out pro rata and youll have the portion to match your hours worked.
NOT discrimination in any shape or form!!!!

So you work 6.5 hours a day, 4 days per week which is 26 hours a week. Full timers work how many hours per week?

You would be entitled to, in total 26/(full time hours) x (25+8) days in total, including bank holidays. This should then be expressed in hours by multiplying by the standard number of hours in a day (I've already adjusted for your shorter days in the first part of the equation)

Then, for each bank holiday that falls on one of your working days, you should have 6.5 hours deducted from your holiday allowance. This is because your BH leave has been pro-rated and added in to your total holiday allowance. If a BH falls on a day you don't normally work, then no deduction should have been made.

If this is the way it is done, then you have exactly the same annual leave and BH leave as a full timer, but just pro-rated to your working hours.

whatsthecomingoverthehill Your post makes the most sense to me.

That's right I am getting the same amount of annual leave as a full timer 6.6 weeks. But then they are getting 8 days bank holiday on top of that.

Whereas I am getting three days bank holiday deducted (plus one day i have to save for christmas) which is leaving me with 146 hours to book as I please. I dont understand how this is fair.

I don't think I should get 8 days bank holiday, I think i should get my equivalent percentage on top, just as the full timers do?

www.gov.uk/holiday-entitlement-rights

www.citizensadvice.org.uk/work/rights-at-work/holiday/holiday-pay-what-youre-entitled-to/

www.acas.org.uk/index.aspx?articleid=1374

According to the CAB link someone who works 4 days a week is entitled to 22.4 days a year.

Seeing as you are being given 26.5 days, even taking off 3 bank holidays I think it is fair.

Everyone is entitled to 20 days annual leave + 8 public holidays pa
That isn't strictly true.

Everyone is entitled to 5.6 weeks holiday a year (28 days)

Public holiday or not doesn't come into it.

why am i wrong lakielady
i said the same as you? sort of

On what you have said am I right in thinking that full time is a 40 hour week. As such you work 0.625 - that ratio means that you should get 5 out of bank holidays.

I think you are looking at it that 4 days is a 0.8 ratio but you are being done in hours which is correct.

We get the same whereby part time workers get the same proportion of (the total number of) bank holidays as the proportion of the week that they work. So it shouldn't matter on which days you work, but the percentage of full time you do.

I think the only unfair part is that full time workers can take their annual leave whenever they like (mostly), plus bank holidays, whereas part time workers get the bank holidays taken from their annual leave allowance, So they don't have as many days to use whenever they like.

There is no right to paid bank holidays in England.