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Very quick Q re: work half day mon / Fri - bank hols?

23 replies

hairylemon · 23/05/2012 10:16

really quick question if anyone has a minute to spare :)

I work until 1.30pm on Mondays and Fridays and my salary is pro-rata to reflect this as are my holidays. We are entitled to bank holidays off with pay. My (possibly wrong) understanding is that if you do not work Monday or Friday you get the time off in lieu to make up for the bank holidays. Currently my colleagues get the full day off with a full days pay, whereas I only really get half the day off with half a days pay. Should I also be getting time off in lieu?

TIA

OP posts:
Ponders · 23/05/2012 10:20

do the full-time ones get time off in lieu as well?

if not what you are getting sounds right.

hairylemon · 23/05/2012 10:23

No they just get the full day off with a full days pay as the office shuts on bank holidays

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hairylemon · 23/05/2012 10:28

Ive foud this on an HR website but I cant make any sense of it Blush

" If a part-time employee is contracted to work a half day on a bank holiday, is he or she entitled to an additional half day's holiday to take at another time?

An employer?s obligation to part-time workers must be considered in light of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), under which part-time workers are entitled to the same terms as comparable full-time workers, but on a pro rata basis.

The employer must ensure that a part-time employee receives his or her pro rated entitlement if bank holidays are included in the employee?s statutory minimum holiday entitlement, or if the employer grants an entitlement that exceeds the statutory minimum to its full-time workers. The fact that a part-time employee works half days is irrelevant: he or she is still entitled to a pro rata entitlement of bank holidays.

To avoid treating a part-time employee less favourably than full-time employees, the employer should look at how many bank holidays the part-time employee will benefit from in light of the days of the week and hours that he or she works. If this results in a shortfall in the part-time employee?s entitlement to bank holidays, the employer should allow him or her additional holiday in lieu to take at another time. If the employee is given the time off and does not work his or her contracted half day on a bank holiday, this will count towards his or her pro rata entitlement. "

OP posts:
Ponders · 23/05/2012 10:39

If the employee is given the time off and does not work his or her contracted half day on a bank holiday, this will count towards his or her pro rata entitlement

I think that because you work a half-day, you are entitled to a half-day Bank Hol, & that is your pro rata entitlement.

If a Bank Hol fell on a day you didn't normally work, you would be entitled to a half-day in lieu, but then you wouldn't also be paid for the Bank Hol, because youaren't normally paid for that day of the week.

I think Confused

Ponders · 23/05/2012 10:44

I used to work part-time for a company which stayed open on Bank Hols. If we were scheduled to work on a BH we did get time off in lieu (ie that pro rata holiday entitlement). We were also paid extra, but I'm not sure if that was a statutory thing or just the company.

If we weren't scheduled to work that day we just got the Bank Hol off & no extra pay.

hairylemon · 23/05/2012 10:47

I must admit I am perhaps a bit too quick to assume they are screwing me over (but to be fair they have screwed me over with everything else so am a bit suspicious)

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Ponders · 23/05/2012 10:50

no, I think that's wrong too now - part time + holidays is so confusing Grin - if we weren't scheduled to work on a BH we got time off in lieu.

We were each given a total holiday entitlement, in hours, which related to our weekly contracted hours - could be 16, 20, 24 etc - at the start of the year & that was calculated to allow for the BHs we were scheduled to work or not.

Ponders · 23/05/2012 10:55

How many days holiday are the full time people entitled to? If it's eg 20 + Bank Hols (normally 8, but 9 this year), you should be entitled to the same number of half-days off.

Mind you the extra one doesn't have to be paid - it depends on the wording in your contract. If it specifies 8 Bank Holidays, they don't have to pay for the 9th (DH's company is one of those) - if it just says "all Bank Holidays" then they do.

hairylemon · 23/05/2012 11:33

they are entitled to 24 + all bank hols. My hols are pro-rata with my salary so I get 20 days + all bank hols

I cant get my head around it all. I cant get my head around the fact that if I now want to book a Monday or Friday off I still have to book it off as a full day and not a half day. Someone did say that as Im 'only' part time I shoudl be grateful that I get to work less than the rest but as I pointed out its not as if Im getting a FT wage and FT holidays.

I guess I was just Confused by a few things Ive read, and I still am!!

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posypoo · 23/05/2012 14:01

Get your HR department to send you a calculation of how they work out your holidays, and go through it with your manager.

I work Mon-Weds and get Thurs/Friday bank holidays added to my annual leave quota. It is all pro-rated to my weekly hours so in practice we all get the same amount of holiday and bank holiday off.

However, my company (a large, well-known one) only brought in this practice recently, and before that some people did better than others, so it's not necessarily a given.

JennyWren · 23/05/2012 14:51

One company I worked for said that all part time employees, regardless of the days they actually worked, was entitled to (for a three day working week, for example) 3/5 of 25 days leave + 3/5 of 8 bank holiday days. So 19.8 (rounded to 20) days paid leave every year. You had to take out of that any bank holiday time that fell on your normal working days, and if you had any extra entitlement you could just add it to your annual leave. It works best if you don't do a full day on a Monday :)

JennyWren · 23/05/2012 14:55

If you are only taking a half day off, you should only need to book a half day off. You are not scheduled to work in the afternoon and so not working it doesn't mean you should need to take it from your leave allowance, surely.

NormaStanleyFletcher · 23/05/2012 14:58

Marking place to post from laptop.

NormaStanleyFletcher · 23/05/2012 15:39

I presume you work the equivalent of 4 days a week? 1/2 day Monday and Friday and three full days.

An employer?s obligation to part-time workers must be considered in light of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), under which part-time workers are entitled to the same terms as comparable full-time workers, but on a pro rata basis

So you get pro rata what the other employees get - 4/5ths of their entitlement

The employer must ensure that a part-time employee receives his or her pro rated entitlement if bank holidays are included in the employee?s statutory minimum holiday entitlement, or if the employer grants an entitlement that exceeds the statutory minimum to its full-time workers. The fact that a part-time employee works half days is irrelevant: he or she is still entitled to a pro rata entitlement of bank holidays.

So you are entitled to 4/5ths of 8 full days (well nine this year), which works out at 6.4 days, or 7.2 this year.

To avoid treating a part-time employee less favourably than full-time employees, the employer should look at how many bank holidays the part-time employee will benefit from in light of the days of the week and hours that he or she works. If this results in a shortfall in the part-time employee?s entitlement to bank holidays, the employer should allow him or her additional holiday in lieu to take at another time. If the employee is given the time off and does not work his or her contracted half day on a bank holiday, this will count towards his or her pro rata entitlement

So you are entitled to 7.2 days bank holiday this year (your pro rata entitlement above). 7 of the 9 bank holidays that full time employees get fall on a Monday, one on a Friday, and one on a Tuesday.

SO you are getting 7x0.5 days for Mondays = 3.5
1x0.5 for the Friday =0.5
and 1 x 1 for the Tuesday = 1

that adds up to 5 days.

You are entitled to another 2.2 days off.

Make sense?

hairylemon · 23/05/2012 16:08

I think so Norma

So I should be asking them to look again at my holiday entitlement to include another 2.2 days holiday, is that right?

Do you have any thoughts on me having to book a full day off if I want a Mon or a Fri off even though I only work til 1.30pm? It was explained to me by my manager who hates the fact that I work these hours that I have to take a full day off because my full working day on Mon / Fri finishes at 1.30pm and initially it made sense but a friend did this face Shock and said at her place if they want the day off where they only work til 1 then they only book half a day off. She said it didnt seem right that if I want a week off work I have to book 5 days but Im only really getting 4 days off, and then I combusted with the strain of thinking about it all and just cant seem to get any thoughts straight in my head for some reason Blush

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NormaStanleyFletcher · 23/05/2012 16:13

If they have pro rata'd you holidays because you only work half days on those days, and so only 4 days a week, then you should only have to use 4 days to take a week off. And only 1/2 a day to take a Monday off.

What kind of place do you work?

HR department?

NormaStanleyFletcher · 23/05/2012 16:55

Sorry - meant to say - in other words, taking a week off should be taking a week off - your week is 4 days, you take 4 days off.

This is not a problem where I work as it is all done in hours Hmm

hairylemon · 23/05/2012 18:17

I work in recruitment :(

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NormaStanleyFletcher · 23/05/2012 18:22

Do you work for a recruitment agency?

I used to.

The out of 'court' before we get to tribunal payout was great Wink

hairylemon · 23/05/2012 18:29

Yes I do. Had a struggle with flex working, taken a benefit off me when I returned off mat leave as my role no longer required it, asked for a return to work meeting so I wasn't lost on first day back and got rebuffed like an annoying ex. They don't want me there, I don't want to be there its shit

Sorry Blush

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NormaStanleyFletcher · 23/05/2012 18:47

that is shit of them.
How much mat leave did you take?

Don't be sorry. It's them - not you.

PM me if you want

hairylemon · 23/05/2012 18:51

Im in my phone and its rubbish for longish posts but I would like to pm you tomorrow if that's ok? I have been tooing and froing on whether to find my balls and take things further so will be good to share stories :)

I actually feel physically sick when I think about that place ::(

OP posts:
NormaStanleyFletcher · 23/05/2012 19:17

Have PM'd you :)

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