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Part time working and public holidays

9 replies

ScaryFairy28 · 09/01/2012 10:40

My work are telling me I'm only entitled to the public holidays that fall on the days I work is that right?

OP posts:
prh47bridge · 09/01/2012 10:52

There is no automatic entitlement to public holidays so your employer is right. You don't get time off in lieu for public holidays which fall on non working days.

Full time employees are entitled to a minimum of 28 days holiday a year. For most people that is 20 days holiday plus 8 days public holidays.

As you are part time your holiday entitlement is reduced in proportion to your hours worked. If you work one day a week you are entitled to a minimum of 5.6 days holiday, two days a week entitles you to 11.2 days and so on. Provided your holiday entitlement including public holidays matches or exceeds the legal minimum your employer is doing nothing wrong.

GeorgeEliot · 10/01/2012 21:57

Unless your contract states otherwise. I am p/t 3 1/2 days a week but get all 8 public holidays, which is an absolute godsend.

ginmakesitallok · 11/01/2012 07:07

I work 3 days a week and get 3/5 * 8 public hols. I generally take all the phs though - using some of my annual leave entitlement to make up the difference.

If you only get the phs that fall when you work then you are disadvantaged if you don't work on Mondays - surely that is discrimination??

Stokey38 · 11/01/2012 07:10

I think it's right as I am in the same boat, I work Monday and Tuesday and get 11.5 days pro rata but have to take public holidays and Christmas from this and this year I think that takes up 7 days of my holiday which is huge PITA but correct it would seem.

HarrietJones · 11/01/2012 08:16

I work .5 & get .5 of all BH. I work Monday's so that's more that 50% of BH & need to use my holiday to top it up

flowery · 11/01/2012 09:42

Whether it's right depends how many fall on your normal working days. Unless you work 5 days a week you aren't entitled to the full (usually) 8. You are entitled to a fair pro rata proportion.

If you work 3 days a week you are entitled to 3/5 of bank holidays as indicated by others. That means 5. So if less than 5 fall on your normal days, you are behind unless you get more 'holiday' to compensate. If more than 5 fall on your working days, you are up on the deal.

Really the easiest way of doing it is looking at the totals, as prh47 says. Look at how much leave in total a full timer gets, then how much in total you get. If you get at least the right proportion, you are fine. If it works out less because they are separating out bank holidays and not enough fall on your normal days, it's time to speak to your manager and HR.

feelingratheroverwhelmed · 11/01/2012 09:49

I work three days a week. I get 3/5 of the total yearly bank hols added to my annual leave, then when a bh falls on a work day I have to use my leave. So it all works out though was a bit confusing at first!

OTheHugeManatee · 11/01/2012 09:53

What prh7 said - it depends on whether your pro rata holiday entitlement includes or is in addition to public holidays. So if you get 28 days pro rata with public holidays on top, then no - you aren't entitled to holiday in lieu if a bank holiday falls on a day you don't work. But if your 28 days pro rata includes the 8 bank holidays then you do.

I work a 4-day week and had to thrash this out with my employer. My pissing stingy holiday allowance uses bank holidays to make up the statutory allowance, but a couple of times my non-working day fell on a bank holiday and I wasn't getting pay or holiday in lieu. So effectively they weren't paying me for a day that should either have been viewed as paid holiday or compensated by adding a day of paid holiday to my allowance (well, 4/5 of a day's paid holiday).

The trouble with pro rata stuff is that people get really confused. It took me ages to explain it clearly enough for them to see I was right.

Blacksquirrel · 19/01/2012 17:03

Tell me about it!!

I am banging my head against a brick wall trying to explain why I should get 3 extra days holiday because I don't work on Mondays.
The HR manager gets it & I am entitled to them but the person who puts the holidays on the system is still trying to argue the point that full timers don't have their bank holidays put on the system to be booked off it is just automatic

I don't know how to explain it to her without getting arsey!

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