part time working and bank hols

[3kidsnobump]

I have been on maternity leave since June, and am due for my SMP to end in March.

Company contacted me last week to ask if I could swap the days I work to Weds/Thurs (only work 2 days anyway). Said this was fine, but pointed out that I would be missing out in terms of bank hols - previously I worked Fri's, so would have at least got 2 bank hols this year. With changing to Weds/ thurs, am now getting no bank hols.

Their response is basically - tough. If you don't work on those days, then you don't get the bank hols. This seems really unfair as all the F/T get 8 extra days, and some of the P/T people also get as much as 8 days. How does that work?

Also on another issue - I only receive 10 days as standard leave. I also receive an extra day as an additional benefit for working for the company for 5+ years. (which is the pro rata equivalent of what the F/T staff get).

Am I right in thinking they should give me 28 days (including bank hols) pro rata as a legal minimum, plus the extra day they are giving for length of service? So ie. 11.2 days + extra day for service.

You are protected as a part time worker from being treated less favourably than a full time worker. So you should get pro rata whatever full timers get, and the days of the week you normally work have no impact on your rights.

It's easiest to look at the totals rather than separate bank holidays out.

If full timers get 20 days plus 8 bank holidays they have a total leave entitlement of 28 days. If you work two days a week you should get 2/5 of that, so 28/5x2= 11.2 days as you've identified. How many of those holidays are taken on bank holidays is between you and your employer, but your total must be pro rata what a full timer gets.

Obviously if you are entitled to a day extra for service that goes on top.

see section on 'employment rights for part time workers'

Thanks Flowery.

The full timers actually get 25 days per year, plus bank hols, plus 2 days for 5 years plus service. So in effect I would get 35 days if I were full time.

The 28 days came from what I had read on the internet as the legal minimum holiday requirement, and as 10 days pro rata, I am clearly under this.

Is there somewhere I can get the info about my rights as a part time worker? I get the feeling they are going to dig their heels in about this one!

Ooops - just read the bottom of your post! Been a long day!!

You should get 14 days then. As you rightly say, at present they are not even giving you the basic legal minimum, let alone giving you the equivalent of a full timer.

Where I work, we give an allowance of bank holidays to ensure that part timers are not disadvantaged, but it is adjusted depending on the days of the week they work. The starting point is that they get a pro rated amount of bank holidays in comparison to full timers, but we take into account the days they already benefit from because the bank hols fall on their working days.

E.g. Many bank hols fall on a Monday, so if you work, say, Mon/Tues/Weds you'll always benefit from them, so if you get a straight pro rata of the full time bank hol allowance this puts you in an unfair position, say, compared to someone who works Tues/Weds/Thurs (as less bank hols tend to fall on those days and they lose out). So for the Mon/Tues/Weds employees, they get a pro rated full time bank holiday allowance but its reduced by any (say) Mondays they already benefit from because the bank hols fall on their normal working day. Part timers should be no worse off than full timers, but those with different part time patterns should be no better or worse off than each other either.

Id push them to explain in detail.

Thanks for your replies.

I have written a letter to them pointing out that as I will not benefit from any bank hols in the next year, they need to pro rata and add the bank hols on, which seems like the only fair way to do it anyway.

TBH I think they are just trying it on. They are not the most clued up HR department in the world - as they obviously haven't even ensured that I am receiving the minimum legal amount of holiday!

Will keep you posted with what they reply!

"those with different part time patterns should be no better or worse off than each other either. "

In the interests of fairness, yes, but in law, there is no entitlement for one part timer to be treated the same as another part timer. The legal protection extends to part timers as compared with full timers.