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 would be interested in why they think the FT get more pay and holiday - is she getting paid less pro rata?

But full time workers legally get all bank holidays so 8 full days plus their annual leave allowance whatever that is. As she works 60% she will only get 60% of that so she only gets 4.8 days bank holidays plus 60% if whatever the full-time annually leave allowance, she will get that 4.8 days allowance whether she works on a Monday or not.
It's very common for part-time workers to add their bank holiday allowance onto their annual leave allowance because otherwise it's extremely hard to keep track of and make it fair.
I don't understand why it should annoy you or anyone else . She is working the hours she is contracted to work and taking the holiday she's entitled to.

And if you all got the same flex for bank holiday, then a rota would have to be put in place for covering them, and likely lead to even more issues!
Then another fair set of rules for taking time accrued.
For everyone.
All because 1 part timer continues to do her 3 days 8 weeks of the year 🤔

Even worse she was there. Would have made her feel awkward.

It is no different to the person next door to you having more holidays. If you dont like your terms and conditions look for better. Otherwise mind your own business.

Yeah we just didn’t realise part timers would be treated differently that’s all. We assumed it would be fair across the team. Management has been asked about this before, and they said that they can only offer this to part time staff. Everyone here has confirmed that it’s the norm so that’s totally fair enough. I was just curious more than anything.

I see this as a MYOB problem.

OP what do you think is a fair way to approach this?

I would imagine that the reason they offer wfh on the BH/swapping days for part timers is that her just working 2 days that week isn’t enough - but for FT working 4 days is

She started the conversation. Should we have just left the room or something lol

That was not a sensible assumption. After all, it's not like wages and holiday allowances are 'fair across the team' by the definition you're evidently using here.

I've asked a couple of times now about whether you're quite sure the conversation you mention was the first time anyone mentioned disparities, so I don't think you can have missed it. If you don't want to answer, that's fair enough, but I would give some thought to the possibility that there might have been some resentment you weren't aware of before the part time colleague seemingly randomly came out with the wages comment.

this seems to be a workplace that is open 9-5 Mon- Fri every week, the whole workplace shuts down on BH therefore that is a days A/L while occasional home working is allowed it appears that it has to be within standard working hours not evenings not weekends so no option for FT workers to change hours or days

many workplaces work fixed hours with fixed times for holidays some shut down between Christmas and New Year so all staff have to use 3-4 days of A/l for that too
other businesses run on the basis that everyone takes the same two weeks in the summer as production shuts down that is perfectly legal,
Some businesses only allow A/L in certain non busy months some forbid leave at busy times ie many retail outlets don't allow a/l in December, people working in agricultrue can't take leave during lambing or harvesting etc, in places with a short tourist season like May- September a/l has to be taken over winter etc

Where my sister works they get 35 days including BH but actually it is 365 days a year job but you can only book 20 days during school holidays if nearer the time of the holidays there is still some availabilty for school holidays you may get more but it would be last minute annual leave needs to be spread evenly over the year they can't have more people off in August than February

I see this situation as fair and reasonable. It is quite petty for other people in the workplace to think this is not equitable.

Sorry wasn’t on purpose I’m just trying to keep up with all the comments. There haven’t been any other comments / discussions that I’m aware of no.

Presumably you get Bank Holidays added to your holiday allowance and then you book the day off on the Bank Holiday.

I don't think OP does. The minimum holiday is 28 days for everyone but employers can include the Bank Holidays in the 28 days to be taken on mandatory days.

My office starts with a minimum of 25 days rising to 30 which you can take at any time plus 6 public holidays which everyone has to take on the relevant days plus 2 public holidays which can be taken on the relevant day or added to the 25/30. So the holidays are 33 days minimum rising to maximum of 38

OP's seems to have 20 to take at any time and 8 fixed.

I had the opposite problem when I was part time, I was made to work all of the bank holidays. The manager decided it was fair as I had more "days off" than the full timers. I had a baby and a 2 year old at the time but presumably he thought I was at home with my feet up.

Yeah I got that you aren't aware of any. I think it's worth considering the possibility that there might have been some you weren't party to. Because you have to work with these people in this small team, so there's a potential impact on you if this goes deeper and further back than you'd realised.

I think this is how it’s meant to operate. Your colleagues should get the full 8 days paid and this person should be given 3/5 x 8 BH, so 4.8 days paid, so they essentially only have to make up 3 days by working a Thursday?

I don't see it as a benefit. She is part time. The clue is in there. She has that option because she is expected to be in less days and is paid less accordingly. Anything else is policy related.

If your company is so tight they go for the basic statutory holiday allowance, don't blame the person who's only earning 3 working days a week, look for another job.

Most companies give the bank holidays on top of your holiday allowance, but they're not legally obliged to do so.

The PT worker is doing nothing wrong here

the lord give and the lord not make the same ?

Yes this is really relevant and similar to my own situation. I want to work full time but because of my home circumstances I can't. I'm certainly not idle on my so called days off. On those days of course my employer is not paying me. It doesn't mean I have it easier than full timers.

So if I am understanding correctly you have to take the bank holiday off whether you want to or not? She can move her working day to another day and save her bank holiday to use whenever she likes? I can't remember how it worked when I was part time I think they just rota'd you off and you still worked your same number of days but that was a long time ago and part time workers have more rights now

I suppose it would be fair if she was also made to take the Monday/BH off and just work the 2 days that week. If she is complaining you get more holidays though, it will be done pro rata she cannot expect the same number of days as a full time worker

The part timer is being done out of bank holiday s and you are bitching and saying its unfair .

She is entitled to 60% of bank holidays. Depending on how Christmas falls she won't be getting that.

Also statutory holiday allowance is 20 days plus bank holidays. It's fair that the office closes on bank holiday. If you work a 5 day week how do you propose to swap out your days so you can get this mythical benefit your poor colleague doesn't actually get but you think she does?

This! I am part time Monday - Wednesday and I get the bank holiday without having to work another day that week. So the part timer is essentially losing out here.

If the part timer gets at least 3/5th of 28 days holiday she isn't missing out on anything 3/5 of 28 is 16.8 days.