Part time workers and bank holidays. Fair or unfair?

[crunchiesnuts]

I know that it’s completely legal and up to the employer, but I’m just curious about what people think about this.

I’m part of a small team (there are 7 of us in total). Everyone works full time, 5 days a week, except for one person who is part time, working 3 days a week. This person works Monday-Wednesday. When there’s a bank holiday, they switch their days and work from Tuesday to Thursday instead. Like I said, I know this is all above board and our manager is fine with it, but the rest of the team feels it’s a bit unfair since they don’t have a say and have to use their annual leave regardless.

I’m kind of torn on it. I know this person asked to work Mondays when she took the job, so it feels a bit like having the best of both worlds, but I also get not wanting to burn through almost all your annual leave just for the bank holidays. Recently, this person has mentioned how she doesn’t complain about the fact that the rest of us get more holidays and better pay (which is a bit confusing since we work more hours, so naturally, we would), but it’s stirred up some tension in the office, and I guess, some people think she’s rubbing it in their face. I’m just interested in hearing what others think. Even though it’s legal, do you see it as fair or unfair?

I don't understand the problem? They essentially don't get the benefit of a bank holiday as they always ensure they work 3 days? How is this affecting anyone else?

Don’t see the issue. She should also get some hours towards bank holidays even though she doesn’t work it, you do in our own place.

Why does this bother you?

Part time worker will get the pro rata annual leave (3/5ths) plus pro rata bank holidays (3/5th’s)

Full time work gets all the annual leave plus all the bank holidays.

Therefore on a bank holiday full time workers don’t have to use any annual leave but a part time worker will get only 3/5’s of the bank holiday Monday in their entitlement and so they have to use 2/5’s of a day of their annual leave to get the rest of the day off.

If they don’t want to use their annual leave for the bank holiday and work a different day instead I think this is fair.

can you articulate the problem, OP, because as i see it, the part-timer is missing out by never having a bank holiday.

So she works her full week every week, but the rest you get bank holiday Mondays off? She should get some sort of allowance - you probably rata stuff like this.

Unless Thursdays are much quieter than the rest of the week, I don’t see the problem either. She’s working the same number of hours per week.

They are worse off from what you are saying…..I work Wed, Thurs , Fri….my colleague works Mon , Tues , Wed…..most bank holidays are Mondays, so I get an extra days holiday in lieu to use another day of my choice and colleague gets the Mondays off.

The holidays should be worked out pro rata including bank holidays so shouldn't make any difference

I guess I’m not really understanding. So on weeks there is a bank holiday, she takes her days off on Monday/Friday and works Tuesday to Thursday instead? So still 3 days. On normal weeks, she works Monday to Wednesday, also 3 days, with Thursday/Friday off. Is that not pretty much the same?

Are you all having to use annual leave somewhere? Our employees get bank holidays off, paid, they don’t need to use annual leave. It would be great if they worked Tuesday to Thursday as we wouldn’t lose a day of work and the time off is the same.

The correct way for her leave to be calculated would be to take the entitlement of FT workers incl BHs and multiply it by 0.6. Then she uses this for all BHs and normal leave.

If she works Tuesday to Thursday on a week with a BH, that gives her a different day off to use as she sees fit. Monday is a working day for everyone else so if the workplace is closed, then you need to use one of your leave days to not work.

Why is this a problem for anyone else or anyone else's business?

You only get 60% of annual leave if you are 0.6FTE. You are then disadvantaged if you have to use annual leave on bank holidays, because there are the same amount of bank holidays, but it takes a larger proportion of your leave, which means you don't end up getting the same amount of weeks off compared to 1.0FTE over the course of the year.

Surely it's a sensible and reasonable thing to do and doesn't put anyone else out

I absolutely cannot see the issue here. Holiday is pro rata. This colleague works her 3 days. How is this actually affecting you? I work Mon-Thu and on a BH week I work Tue-Fri. If I didn't my work would get behind. Is that preferable then?

Leave should be pro rata for part time workers. I work 0.8 FTE and my leave including bank holiday allowance is 0.8 of a full time worker. I take a day's leave on a bh because its added to my leave allowance.

They get 3/5th of the bank holidays (pro rata’d)
I explained up thread that I don’t see a problem at all but OP is essential complaining that if they don’t use their 3/5th’s of the bank holiday for that Monday, it will be kept in their annual leave entitlement. Therefore they have more flexibility to use their bank holiday entitlement when they want.

I genuinely can’t understand why this affects the OP at all.

OP - maybe you could ask to work the bank holiday and take a day in lieu at your request later in the year if it bothers you so much?

Unless the full timers have to use a days leave on the bank holidays, the part timer is not getting extra proportionate leave by switching her days. I used to work Mon-Wed and was given the option of using a days leave for bank holiday Mondays or switching days.
You and your full time colleagues are being unreasonable.

That's the problem. The team feels it's not fair as she can rearrange her days and save her holiday for another time, while full time staff don't have that choice and must take it no matter what. They also think you shouldn't work, or why ask to work on a Monday if you're not willing to take the bank holiday.

You have to use annual leave for bank holidays? How tight is your employer! That’s the problem, not the part timer changing their days.

You get a day off that week and she doesn’t?
Why does it have anything to do with you?

I partially retired to 3 days a week. I has to give half a days annual leave.
I dont see the problem, she is in fact losing by it. She is working a whole day at another time.
How childish and petty your colleagues are, saying their colleagues is rubbing their noses in it.

Not understanding the problem at all either? It works out the same overall, it just gives her more flexibility when she takes annual leave- rather than her having to use annual leave for the 2/5th of bank holidays she’s not entitled to, she just gets to chose when to take those days.

She is part time and you are full time. Therefore you are paid more (I hope) and she is literally expected to work 3 days and you 5...? I am literally struggling here to see why on earth this would bother you all so much.

It’s led to some tension in the office after those comments were made. I said I'm on the fence about it, but other team members think it's unfair. I was just curious about what other people do or what they think about the situation.

@crunchiesnuts, most people get annual leave AND bank holidays.
Holiday entitlement: Entitlement - GOV.UK

Employers can choose to not pay for the bank holiday.
Is that your situation?

Are you saying that you are not paid for back holidays but cannot work and so have to take them as annual leave?

This is very poor form from your employer, take it up with them.

You should all, including the part time worker, have a paid day off on a bank holiday.

If I am reading it correctly, your employer is not only not giving you this, but the part time worker is forced to come in on another day.

If this is the case, your resentment is misplaced. You and your colleagues should speak to your union.