Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

1 2

Original poster

Does this leave policy discriminates against part time workers (especially parents)??

48 replies

legalwotnot · 26/04/2023 16:11

I have just started in a new job. I work half time (2.5 days a week).

Holidays for full time workers are 30 days per year. I get 15 pro-rata.

In addition there is leave for full time workers of 8 bank holidays ( 9 this year with the coronation).
I get pro rata leave for bank holidays - so 4.5 days this year. However, I am required to take all the bank holidays that fall on my working days (and 7 do), This means I have to make up the other 2.5 bank holiday days from my annual leave of 15 days.

Does this count as discrimination? Full time workers get all of their standard annual leave, plus all bank holidays, yet I am required to use some of my annual leave to cover bank holidays - which effectively means I get less than my half time pro rata annual leave.

This is a big deal for me as I have young children and having to arrange child care for an additional 2.5 days ( which is an entire working week for me) is obviously quite a big impact.

Any advice gratefully received.

OP posts:

Nightmanagerfan · 26/04/2023 16:13

No this is completely standard. It should have been in your contract when you started.

You might want to move a working day to not work on Mondays as it will always mean taking leave

Original poster

legalwotnot · 26/04/2023 16:13

To be clear, I am required to take leave for all the bank holidays that fall on my working days.

If people do think this counts as discrimination - do you know anywhere that could support me in raising this with my employer?

OP posts:

BernadetteRostankowskiWolowitz · 26/04/2023 16:14

It is not discrimination. It is also why if anyone on here asks which are the best days ti work, everyone shouts "not Mondays!"

Notanotherone5 · 26/04/2023 16:14

No, that’s the correct way to calculate it. Full
time workers get 39 days off in total and you get half that

It can often be worth taking Monday as a non working day if you have any choice, for this exact reason

Spanielsarepainless · 26/04/2023 16:14

It was like that twenty years ago. It doesn't discriminate against any protected characteristics. Move one of your working days from Monday.

Nightmanagerfan · 26/04/2023 16:14

It's not discrimination though? It's just a result of your working days being on Mondays when the bank holidays fall.

Original poster

legalwotnot · 26/04/2023 16:15

Ok, I am going to ask if I can move my working days. Perhaps to Weds to Friday.

OP posts:

MissDollyMix · 26/04/2023 16:17

Working mum and former HR bod here. I’m afraid as frustrating as this is (I have always worked Mondays so I feel your pain!) this is all above board and doesn’t come under the banner of discrimination. As others have advised, if you don’t want to have your annual leave dictated by bank holidays then the best thing to do is not work Mondays.

Original poster

legalwotnot · 26/04/2023 16:17

It should have been in your contract when you started My (public sector) employer are crap. I haven't got a contract - I haven't even had a letter from HR offering me the job! I've started anyway though!

OP posts:

Level75 · 26/04/2023 16:18

I'm an employment lawyer. Bank Holidays for part time workers are complex, but what you describe is the most common approach taken and is not discrimination.

Original poster

legalwotnot · 26/04/2023 16:20

Is it worth asking if I can work the BH anyway ( we can work weekends and have that as part of our working hours after all), and take the leave on other days? I don't want to take BH off!

OP posts:

NoSquirrels · 26/04/2023 16:20

It’s not discrimination.

There are more Monday Bank holidays than other days of the week. It doesn’t disadvantage you overall- the calculation is fair (50% of a FT worker’s annual leave, 50% of a bank holiday allowance). It just means you always have to allow for Monday Bank holidays. But you’d have to do that anyway regardless of when you work.

EmmaGrundyForPM · 26/04/2023 16:22

I used to work part time and Mondays were one of my working days. I negotiated so that I had the option of working on Wednesday instead if it was a Bank Holiday. I appreciate not every job can be that flexible though

Original poster

legalwotnot · 26/04/2023 16:22

It just means you always have to allow for Monday Bank holidays. But you’d have to do that anyway regardless of when you work Well their Dad can have them on the BH, - we need to share out how we cover holidays and having us both of for a bank holiday really cuts into our ability to cover other holidays.

OP posts:

BernadetteRostankowskiWolowitz · 26/04/2023 16:22

If your place of work is open on a BH then unless you actually book the leave you will be expected to be in surely?

lunaloveroo · 26/04/2023 16:23

It's not discrimination. I've worked part time for 10 years, in big organisations and this has always been the case that BH are pro rata. In the Nhs my annual leaving was annualised and given in hours. My pro rata BH entitlement was added to that and then I took the BH's off using my annual leave if it fell on one of my working days. Why should you get paid the full time equivalent of BH when you only work part time? It is worth asking if you can work the BH- I've never had the option as the office closed.

Original poster

legalwotnot · 26/04/2023 16:24

BernadetteRostankowskiWolowitz · 26/04/2023 16:22

If your place of work is open on a BH then unless you actually book the leave you will be expected to be in surely?

The building won't be open - but most office staff (like me) people work at home nearly all the time anyway. And working in evenings or weekends counts to your working week.

OP posts:

Jules912 · 26/04/2023 16:26

Perfectly standard and why I work Tuesday to Thursday. This year is particularly good for me (but bad for you) as Christmas and New Year both fell on a Monday.

Original poster

legalwotnot · 26/04/2023 16:26

Why should you get paid the full time equivalent of BH when you only work part time?

Why should some staff have more set days they are required to take annual leave than others? I can work on a bank holiday, so why prevent me and force me to take leave on a day I don't want to?

OP posts:

BernadetteRostankowskiWolowitz · 26/04/2023 16:28

Doesn't it depend on what your role is? If you are customer facing/customer phonecalls then they won't allow you to work BHs if the business is officially closed those days.

Similarly if you are in, say, project management and the rest of your team are off, is there sufficient work to keep you at your desk for 8 hours.

SunshineGeorgie · 26/04/2023 16:32

Go full time then??

Whinge whinge whinge!

ZoBo2023 · 26/04/2023 16:36

You may need to save leave for another bank holiday too, as if your leave years runs with the financial year (April-March) there are actually 10 this year. Good Friday 2024 is in financial year 23/24

Janefx40 · 26/04/2023 16:38

We get the same as you at our workplace but I am allowed to choose to work bank holidays if I want. I don't want! But I could do it's my choice but I guess it depends what your job is. I think ask if you can work.

I am on maternity leave but will be switching from a Monday when I go back for exactly this reason. My older child will be at school and I can't afford to waste leave on bank holidays when I need to somehow manage school holidays. It's a shame as I love working Mondays but just one of those things x

HairyKitty · 26/04/2023 16:39

legalwotnot · 26/04/2023 16:20

Is it worth asking if I can work the BH anyway ( we can work weekends and have that as part of our working hours after all), and take the leave on other days? I don't want to take BH off!

You should only do this if you don’t mind the outcome at every bank holiday being on the whim of your employer. If you want more control over your annual leave you need to not work Mondays.
Btw, how can this possibly be discrimination. In many industries the business will be closed on bank holidays there’re you have no choice but to not work on that day.

caringcarer · 26/04/2023 16:39

Just swap your work day away from Monday if they will let you. It's not discrimination. It's common practice. It should all be in your employment contract you agreed to before taking the job. If you don't like it don't take the job.

Flip

1 2