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Original poster

Part time and bank holidays

12 replies

BoyScout · 07/10/2015 09:15

This is beyond tedious but here we go.

I work 3 days a week and I've been told I get 17 days holiday (pro rata from 28) plus 5 bank holidays. They will then deduct from that total of 22 the bank holidays that fall on my working days.

I work Mon, Tue and Thur and in 2015 there are 6 bank holidays that fall on Monday. So presumably they will take off 6, leaving me with 16 days.

Is it right that they will give me 5 for bank holidays but then take off 6? It feels odd but I'm not sure if that's just how it is.

OP posts:

Fizrim · 07/10/2015 09:27

Do you mean 5 on a Monday and 1 on a Thursday (in 2015)? The Thursday was New Year's Day, if your employer wasn't open for business that day then it might not come off your total IYSWIM? Also the last Monday this year is Boxing Day.

Pico2 · 07/10/2015 09:33

Yes, that's right. You are only entitled to 5 of the 8 in 2015 as it is 3/5 of 8 (actually it's 4.8, but you can't have less than 4.8).

So the business will be shut on bank holidays, and is effective shut for one of the days you should be in work for, so you have to take that out of your normal holiday allowance.

flowery · 07/10/2015 09:52

The important thing is that you get the correct pro rata amount of holiday in total. Your total entitlement including bank holidays is 22. If there are 6 bank holidays which fall on normal working days, and you get those off as paid leave, that leaves you with 16 to take at another time.

Because several bank holidays are moveable feasts (Christmas Boxing Day, New Year's Day), the number which fall on your normal working days will vary year-to-year, but your total entitlement mustn't be affected by this.

If there is an ability to work bank holidays you could ask to do that so that you have more days available to take at another time, but of course this might not be an option where you work.

Original poster

BoyScout · 07/10/2015 11:05

Sorry, fizrim is right - there are 5 on a Monday (inc the substitute Boxing Day one) and 1 in a Thursday so 6 in total.

Sounds like you all think it's correct so I'll go with that. Just felt odd, I guess it will be different in other years.

OP posts:

flowery · 07/10/2015 11:10

Well the only options available where more than the relevant number of bank holidays fall on normal working days for a part timer are as follows:

Use a holiday day to cover it
Take it as unpaid leave
Work it
Be given an extra paid day off to cover it

The last option would clearly be unfair to full timers as you'd then be getting more leave on a pro rata basis than them and also unfair to part timers working different days who weren't affected, therefore that is unlikely to be a realistic option.

Your company are using option 1, but if you'd prefer option 2 or 3, you can always ask.

mandy214 · 07/10/2015 11:22

Yes that's right but that is why I go on and on about not working Mondays (if that is possible) if your employer works like this (as most do).

Actually 5 of the 8 bank holidays are fixed and NEVER move. There are ALWAYS 4 bank holidays which fall on a Monday (Easter Monday, 2 x May bank holidays, August bank holiday), 1 bank holiday ALWAYS falls on a Friday (Good Friday). The other 3 (Christmas Day, Boxing Day, New Years Day) are the only3 that move.

I did exactly the same as you - 3 days - had 5 bank hols added to my annual leave and had to take a day's holiday if a bank holiday fell on my normal working day.

In 2016, the 8 bank holidays are 5 Mondays, 1 Tuesday and 2 Fridays. You will therefore have to use the 5 days you get for bank holidays, plus 1 of your own annual leave days just to cover the bank holidays. (If you didn't work Mondays, you'd use 3 of the 5 bank holiday days, have 2 left over, plus all of your own annual leave. Working a 3 day week, this equates to an extra week off (3 days)).

2017 is even worse - there are 6 Mondays, 1 Tuesday and 1 Friday. It will therefore cost you the 5 bank holiday days, plus 2 of your own annual leave days. (If you didn't work Mondays, it would cost you 2 of the bank holiday days, so you'd have 3 to spare, plus all your own annual leave - when you're only working a 3 day week, this is actually an extra 5 days so almost 2 weeks).

In 2018, there are 5 Mondays, 1 Tuesday and 1 Wednesday and 1 Friday. Again, it'll cost you 2 days of your own annual leave, plus the 5 bank holiday days.

You only get 5 days for bank holidays, and you will use 4 every year for Mondays. The only way you gain is if there are no other bank holidays at all throughout the year on Monday, Tuesday or Wednesday. I've looked at bank holidays upto and including 2024 and there are no years at all where there are only 5 bank holidays that fall Mon-Wed.

If at all possible, can you have a chat with your employer to see if you can work Tues-Thurs or Wed-Fri?

mandy214 · 07/10/2015 11:28

Sorry just realised you said Mon, Tues and Thurs. Doh! But you get the gist of what I was trying to say!! There are only 5 bank hols that fall on Mon, Tues and Thurs in 2019 if that helps !

Fizrim · 07/10/2015 12:24

As Pico said, that's your pro-rata 'share' of the full bank holiday quota. Mandy has obviously looked into the dates more fully for the next few years

Part-timers and bank holidays have always been a thorny issue unfortunately. It's very hard to make it fair. Companies are under no obligation to pay bank holiday days (I was surprised to find this out myself in HR) although most do in practice.

ginmakesitallok · 07/10/2015 12:31

I work part time and Monday is a working day for me. I'm lucky because I'm not forced to take the day off and don't have to take an annual leave day to cover it, or I can swap my days, take it off and work another day to cover it.

CountryLovingGirl · 08/10/2015 20:41

Monday is the worst day to work if you are part time as, yes, you do lose out. I work Tuesday, Thursday and Friday for that reason as I wanted to keep the extra leave to have a week or so off rather than use it for bank holidays.

TheGirlFromIpanema · 08/10/2015 20:53

You only lose out by having less choice when you take holiday rather than losing out overall tbf.
DBro works somewhere that shuts for 4 weeks around Christmas and even the full timers there don't have enough holiday for two weeks holiday at any other time. They all grumble, but it's totally fine legally.

Everyone is entitled to paid holiday, but choosing when it's taken can still depend on the employer for many workers.

phoenix1973 · 19/10/2015 14:18

Could anyone help me with a temping issue? I was working Mon Thur and Fri through an agency, but I got a call last Tuesday to say the contract had been cancelled.
So I asked the Agency to confirm I will be paid for my full days work on Monday to be told that he will submit a timesheet to be signed by the client.
This concerns me - especially since the client was not pleasant and neither was the working environment, but I went to work at the agreed times and did the job.
If I do NOT get paid this Friday as expected, what can I do?

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