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 know why people feel the need to justify themselves.

Who cares what you do on your non-working days? you are paid to be in the office a certain amount of days/ hours, when you are there you work, and that's it

If people are jealous, why don't they take the pay cut and work part-time too?

If she worked Tuesday-Thursday as standard would it bother you that she effectively got to use her BH allowance when she chose rather than on days dictated by the office (Christmas/boxing day/ New Year’s Day being the only BH that would ever fall on her working days)?

Do you have the option of flexi time in your job?

Yeah, that makes sense. I'm not a bully and I would never intentionally make someone feel uncomfortable. From my OP, it sounds like we’ve been bullying her, but that’s really not the case, it was just a conversation she was part of, and nothing has been mentioned since that I’m aware of. I was just wondering what the usual practice is, and everyone here has agreed it’s normal, so that’s fair enough. Who knows maybe someday I’ll work part time and have a different take on the whole thing too!

It sounds like she's got a flexible working arrangement. People don't need to all have the exact same thing at the same time. If you want something different, put in a request. Resenting her for having an arrangement that she has negotiated directly with your employer is pretty fucking stupid.

Yes that’s correct

Your last paragraph is exactly it.

I can't speak for the rest of the team, but I don't resent her. I was just wondering what the usual situation was, which everyone has now confirmed.

The reason is t is often done like this is that they want the part timer to be flexible. Say a big company meeting on Fridays. They want your part timer to attend and so switch mon-wed to wed-Friday for that week.

so it works both ways. Yes I can move days around to still do my 2 days in a bank holiday week. Bit I can also move them around when boss wants everyone in on a Wednesday.

From what OP says they dont get public holidays on top of their AL. Unless I am mistaken this is still a perfectly legal option. Its 5.6 weeks a year in which public holidays can be included.

It sounds very much like you do resent her because you're perceiving that there's something unfair happening. It's the age old 'someone is getting something I'm not'.

I understand what you mean, she is saving the bank holiday entitlement to use when she likes where as the full timers have to take the Monday off. This does seem unfair. I work a Monday (part timer) and have to take a chunk straight out of my entitlement but it is what it is.

How do you see the chat with HR going?

HR - Part timer, im afraid you can no longer work 3 days on bank holiday weeks.

PT - why? Is it impacting my work or the business?

HR - no, but I’m afraid it’s pissed off the gals in the office who don’t like to see you having a tiny perceived perk.

So essentially, it is unfair because you are required to use annual leave on bank holidays. E.g. you are entitled to 28 days annual leave per year and 8 of them are bank holidays.

However, she never needs to use her pro rata leave on a bank holiday monday as she just works another day instead.

YABU. Part time workers who work on a Monday have to use a proportionately greater amount of leave on bank holidays compared to full time workers. It's the reason I've have Monday as my non working day!

I said I’m on the fence about it, but I don’t resent her in any way. It’s a shame if it comes across that way but not the case.

It's actually illegal what thd employer is doing. If you work part time and a bank holiday falls on a working day, then sobeit. They can't expect her to use holidays etc to cover that.

Who are these crappy employers? They need shopping.

Yeah that’s it. Everyone has confirmed that it's the norm though so that’s fair enough (I assume your employer isn't flexible if you don’t do it?)

Used to work Tuesday's to Thursdays. I worked for my local council / 24 hours a week .
I would get time off work pro rata for my hours to be taken at a time that suited me .

The issue is that the OP working full time has 28 days holiday of which 8 have to be taken on days mandated by her employer so 20 free days.

The colleague working 3 days has 16.8, likely 17 days which she can take at any time she wants. To be fair out of the 16.8 (or 17) days the part timer should be taking 4.8 (or 5) days on mandatory fixed days. OP gets 20 days to use at any time she wants and colleague gets 12, not 17.

OP I don’t really understand the issue either. If contractually she worked Tuesday to Thursday every week, she would have nearly all the bank holidays to take whenever she wanted to. Would that be an issue to your colleagues too?

Legally the part time worker isn’t entitled to 8 bank holidays at 7.5 hours per day. There’s a calculator online which would do it more accurately but in simple terms:

FT 8 days x 7.5 hours = 60 hours bank holidays allowance

PT hours 37.5 / 5 x 3 = 22.5 hours
PT 8 days x (22.5 / 5) 4.5 hours = 36 hours bank holiday allowance

Therefore if she used them as set, she would have to lose 1.5 hours for the 5 Mondays of this year.

In 2027 it would cost her 45 hours with only being given 36 hours BH allowance

In 2027 it would cost her 52.5 hours with only being given 36 hours BH allowance

In addition she doesn’t get paid to take a day off on the other 3 bank holidays that don’t fall on her working days

if she had chosen to normally work say Tues to Thurs, which is what I do, she’d be able to take nearly all her bank holidays whenever she liked without moving her working days. Your employer could force her to take the Monday as mix of BH and annual leave but then that would be less fair than for FT workers who aren’t forced to use leave on specific days. And firms tend to avoid that as could lead to claim of indirect discrimination as PT workers more likely to be female. So think allowing a switch is fairest overall but also can see why it’s seen as a bit unfair.

It's not illegal as long as all employees receive 5.6 weeks paid holiday per year.

Statutory holiday entitlement treats bank holidays the same as any other day

They can. It's no different from the OP having to use up a holiday as long as the employee gets the minimum days - 28 or pro rata

Bank holidays are in addition to A/L so full time workers don't use their A/L to take BH off.

You guys would have imploded with what happened at my work - after 20 years you get an additional 4 days for the year - and - wait for it - it isn’t pro rata if you work part time/had time out on maternity (yes that bothers people too)