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Original poster

Is this discrimination against part time staff

70 replies

confusedparttimer · 27/02/2018 11:33

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???

OP posts:
pangolina · 27/02/2018 12:00

So 3 bank holidays get deducted from your 172 hrs? So you actually have how many hrs?

Buttercupsandaisies · 27/02/2018 12:01

But you said full timers get 25 days (5wk) plus bank holidays?

You get 5 weeks plus pro rata bank holidays? It's the same

DevilsDoorbell · 27/02/2018 12:04

You originally said they get 25 days plus bank holidays. Now you’re saying they get 6.6 weeks and bank holidays?

Are you sure that the BH aren’t coming out of the 6.6 weeks?

PersianCatLady · 27/02/2018 12:05

Full time staff get 25 days PLUS 8 days bank holiday
They are entitled to 28 days by law
So they only actually get 5 BH days.

You are entitled to 22.4 days paid holiday a year.

Your company has taken the 5 BH days that it gives FT employees and pro rata it for you 4/5 of 5 is 4

22.4 days + 4 BH days = 26.4 days

172 hours / 6.5 hours = 26.5 days

I hope that you understand this but actually you are getting a share of the BH days and it is really fair.

MarigoldGloveHotel · 27/02/2018 12:07

As a part-time worker you shouldn't be getting the same actual number of bank holidays as a full-time worker. You should get them pro-rata, just as your annual leave should be pro-rata.

Soyes work will give the full-timers their bank holiday quota then remove some bank holiday from the part-timers.

It does work out well for you in a way, think of it that you are getting paid for part of each monday bank holiday,

Teateaandmoretea · 27/02/2018 12:07

That doesn't sound right to me IME OP. While it's true that they don't have to offer BHs they can't offer them to full time staff and not part time. You should get 4/5 of 8 days on top.

PersianCatLady · 27/02/2018 12:09

As a part-time worker you shouldn't be getting the same actual number of bank holidays as a full-time worker. You should get them pro-rata, just as your annual leave should be pro-rata
That is exactly what she does get.

Teateaandmoretea · 27/02/2018 12:11

Yes Persian is right, sorry. That's 26.5 days per year including pro rated bank holidays

PersianCatLady · 27/02/2018 12:16

What is confusing is that the company says that the FT staff are entitled to 25 days and 8 BH days.

Legally they are entitled to 28 days so 3 BH days come out of their holiday allowance.

The FT get 28 days and 5 BH days

The PT get 22.4 days and 4 BH days

inlectorecumbit · 27/02/2018 12:17

I work 16 hours per week Thursday and Friday
16 x 6 weeks = 96 hours
Then l get 16/37 in public holidays (37 is full time)
I have good Friday off so that is deducted from PH hours.

whatsthecomingoverthehill · 27/02/2018 12:20

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.

No they aren't they are getting 5 weeks of annual leave plus 8 days, so 6.6 weeks. Exactly the same as you are getting.

The only difference with the full time staff is that their bank holidays are just bank holidays, whereas because you are part time the bank holidays are pro-rata. They are not 'deducting' the 3 days from your leave entitlement.

If anything you have it better than full time staff in that you get to choose when you take most of your 'bank holiday time'. They have to take it on the bank holidays, you don't.

whatsthecomingoverthehill · 27/02/2018 12:22

The whole legal allowance is irrelevant and distracting to what the OP is asking. Both her and the full time staff get more than the legal minimum, that's all that needs to be said.

MichaelBendfaster · 27/02/2018 12:31

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.

No they aren't they are getting 5 weeks of annual leave plus 8 days, so 6.6 weeks. Exactly the same as you are getting.

Are they? The OP says they get '8 days bank holiday on top of that.' How do you know she's wrong? Genuine question, not being goady. I might be misreading.

ShiftyMcGifty · 27/02/2018 12:37

Completely fair. It would be unfair if you got 8 bank holidays as a full time employee.

I used to work part time and on Mondays and Fridays and it’s irrelevant what days I worked to the way days off are calculated.

When the office was shut for a bank holiday, I still had to work or take it as an annual leave.

Luckymummy22 · 27/02/2018 12:37

So you work 6.5 hours a day. Is the normal working week 37.5 hours and you do 26 hours.

Then that mean you work 0.693333 for the week. I will round up to 0.7 for easiness here.

Assuming it is 7.5 hour day you get 60 hours bank holiday a year of full time.

You are entitled to 42 hours bank holiday.

This year you would have 3 days so 19.5 hours which fall on workin daysz

So you should get a credit if 22.5 hours imo

Figgygal · 27/02/2018 12:38

I am part time and work 4 days I have a pro rata amount of leave i.e 4/5th of 25 days and 4/5th of Bank Holidays that is calculated in hours. Any BH that fall on working days I have to book out of the entitlement that tends to be most of them as my non working day is a Friday so actually I often don't get enough BH hours in my allocation to cover the BH hours I have to book and the remainder comes out of my normal hours accrual. If my non working day was a Monday I wouldn't have to book them so I would be better off across the year.

speak to your HR and ask how they calculated your BH entitlement.

RockingMyFiftiesNot · 27/02/2018 12:40

Where I work, I get the Bank Holidays pro rated added into my overall holiday allowance. If a bank holiday falls on a normal working day, then I have to deduct that as if I’d taken holiday (which is fair as I’ve already had that allowance). What are your contracted no of weekly hours and what are the contracted no of hours for your full time colleagues? Does the number of holiday hours you’ve mentioned include an allocation for Bank Holidays?

SueDunome · 27/02/2018 12:40

Fulltimer gets 25 days plus 8 BHs.
You get 25x26/40 plus 8x26/40 = 21.45 days x 8 = 171.6 hours rounded up to 172 hours.
Any BH that you would be expected to work (e.g. Good Friday and Christmas) comes off your entitlement at your daily rate of 6.5 hours per day.

This assumes that fulltime hours are 40.

whatsthecomingoverthehill · 27/02/2018 12:41

MichaelBendfaster, in the first post, the OP says that full timers get 25 days (i.e. 5 weeks) plus 8 bank holidays, which is 6.6 weeks.

whatsthecomingoverthehill · 27/02/2018 12:43

It doesn't matter how many hours the full time people work. The OP gets 172 hours leave whether the full timers work 35 or 40 hours.

LakieLady · 27/02/2018 12:47

slarty, the OP is entitled to time off in lieu of the bank holidays that fall on the Mondays she doesn't work, if that makes sense, although a PP was right that the law doesn't differentiate between public holidays and annual leave any more. That's why the extra 8 days were added to the minimum leave entitlement of 20 days pa.

The OP just gets to choose when she takes that time, as she doesn't work on a Monday when most BH's fall.

Luckymummy22 · 27/02/2018 12:51

i misread your original post. Full timers get 5 weeks holiday plus 8 bank holidays.

If your holiday allowance is 6.6 weeks then thus seems reasonable as you are not entitled to all of the bank holidays

mrspapalazarou · 27/02/2018 12:54

This is how we think of it at my work if this helps:-

Full time staff (40hrs) 25 days annual leave + 8 days bank hol, 33 days total

Part time (e.g 24hrs) works 0.6 of ft hours so gets 0.6 of the total 33 days BUT, has to effectively book off any bank hols that fall on working days

So if the pt staff member had 3 bank hols that fell on working days, their entitlement would be:-

33 x 0.6 = 19.8 less 3 = 16.8

It's the same principle as a ft employee being given their overall allowance in one go (33 days) and making them book off any bank hols that fall on working days (I.e. All 8) leaving 25 days allowance

So I believe you should divide your working hours by the full time equivalent, multiply by 33 days, then deduct the number of days when bank hols are on your actual working days

Original poster
confusedparttimer · 27/02/2018 13:02

I totally get that the allowance we all have is above the required minimum and that we are all lucky to have this.

And I understand that as we don't work full time we shouldn't receive the full amount of bank holidays.

But, I do admit my maths leaves a lot to be desired, this is how I see it:-

FULL TIME = 35 hours per week

holiday entitlement 25 days x 35 = 175 hours

  • 8 days bank holiday 8 x 7 = 56 hours TOTAL = 231

MY PART TIME = 26 hours per week - which is 74% of a full timer

74% of 175 = 129 hours

  • 74% 56 hours bank holidays = 41 hours TOTAL = 170

so i should have 170 hours to do with as i please (except for the one day I have to save for Christmas).

How isn't this right?

OP posts:
Original poster
confusedparttimer · 27/02/2018 13:08

They are saying I have 172 hours MINUS 3 days bank holiday so only 152.5 hours.

OP posts: