Bank holiday pay as a part timer

[Eloisedublin123]

Guys
I work 3.5 days a week and it was 4 days a week for a while last year.
I have never worked Monday afternoons by agreement though. Am I entitled to pay in lieu of this please? For the bank hols when I “missed” half a day off? And if so, can it be backdated? I’ve been working like this for 2 years now. Tia!

It doesn’t work like that.
If you work 4 days a week currently (is that right?) you get 80% of the holiday leave that full timers get.

Statutory is 5.6 week (28 days) and this can include bank hols.

As a part timer you would get 22.4 days. You would then need to use some of this holiday for any days you work that fall on a bank holiday.

Yes, you are entitled to your pro rata public holiday allowance, regardless of the actual days on which you work. And since it is an entitlement, if you haven't been receiving it, you should be entitled to backpay.

What is the Full time public holiday entitlement in your place?

I used to work Monday-Thursday. Every year when we were closed for Good Friday and everyone else had it off anyway, I used to get a day in lieu to use at another time. I've no idea whether this would be the same across the board or varies from company to company.

9 bank hols in Ireland (I’m in Ireland) and I’ve worked a year on 3.5 days a week and a year on 4 days a week (give or take)

You should get pro rated bank holidays included in your holiday entitlement already. 5.6 weeks equivalent is the minimum and bank holidays can be included in that rather than on top of it

It looks like the rules are different in Ireland though and the minimum is 4 weeks

www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

Thanks guys. I’ve checked everything out and my contract says x days annual leave pa plus bank hols (9 bank hols)... I think I’m due something for this? I’ve always worked half a day in a Monday for instance so I think I am due something for two years of missing half a day every time there’s a bank hol Monday for instance?

Do you get the time off paid even if just the half day? Why would you get anything extra? Or do you work it?

What is your holiday entitlement? Or what would a FT holiday entitlement be? You need to add the bank holidays to that, then multiply by 0.8 for the year you worked 4 days and 0.7 for the year of 3.5 days. This will be your holiday entitlement including bank holidays. If it come to a fraction of a day, this should probably be rounded up, at least to the nearest half day.

So if FT annual leave is 20 + 9bh, yours will be 29*0.8 =23.2 days

As you normally work a half day on a Monday, you should use half a day of your leave when it's a bank holiday. You don't get any credit for the other half a day, as it's worked out over the whole year.

I worked 3.5 days a week with 17.5 days a year annual leave and 4 days a week with 20 days a year annual leave. And there are 9 bank hols a year. And if there was a bank hol on a Monday I just didn’t work at all... sorry I feel I’m being thick about this!

So did you have 17.5 days plus didn't work the bank holidays or did the bank holidays come out of the 17.5 days? If you didn't work the bank holidays but still got paid for them then you don't get any extra on top of that

Ok I didn’t work the bank holidays. But I thought I was due something as I only benefitted from half a day of them?

But you got your usual pay for them so why would you get more?

Does this help:

In respect of each public holiday, an employee is entitled to either:

a) a paid day off on the holiday or
b) a paid day off within the month or
c) an extra day’s annual leave or
d) an extra day’s pay

A part-time employee who fulfils the above requirement, and who normally works on the day on which the public holiday falls, is entitled to one of the benefits above as outlined for full-time employees, based on the number of hours he/she would normally work on that day

I.e. you get paid four the hours you would normally do that day. You don't get extra for the hours you don't normally work that day

Thank you! I really appreciate that and sorry for the (stupid ) questions!!

It's not a stupid question, I'm going to go against the grain here as I think you may be right...

Can you add up how much time off you're actually taking for bank hols this year. E.g. 7 x half days on Monday's, plus 2 x full days Tues and Wed. Add up whatever you're actually taking based on your working pattern and how the bank hols fall.

If full time staff get 9 days then based on you working 3.5 days, you're entitled to 6.3 days bank hols. If my example of the bank hols you're taking above was correct then you'd only be getting 5.5 days bank holiday this year, so the remaining entitlement of 0.8 days should be added to your entitlement to use whenever you want. Otherwise, full time staff are getting more paid leave than you throughout the year which is a clear detriment to part time staff.

NB- the above is based on my assumption that your 17.5 days doesn't already include bank hols. Can you clarify that you currently have these 17.5 days available to book whenever you like PLUS you just don't work bank holidays and don't have to use holiday for them? Am i right in thinking full time staff get 25 days hol plus 9 bank hols?

Thanks- yes all your NB assumptions are correct thanks x

Then yes, I do think you're owed some time as the unused bank hols allowance should be added to your bookable holiday. I'd send an email to HR asking for confirmation and maybe using the example calcs I've given above, explaining that you don't think you've been able to use your full entitlement to bank holidays and asking what has happened to the unused entitlement.

If they don't agree that it is owed to you, post again here with their response and we'll go from there.

Thanks so much nerdsville et al x

Do they maybe pay you for the bank holidays you are not in work for rather than give you extra days off I.e. I found this too:

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you are never rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

Thanks again you’re all v v kind x

Bear in mind that this xmas the bank hols do not fall on a mon, instead tues and wed so it may end up that you need to use some of your holiday entitlement towards the bank holidays instead of being owed it.
9 bank hols, so based on you working 3.5 days as above
You will need to take
Whole days for xmas day, Boxing Day, New Year’s Day and good Friday. (4)
The rest are Monday’s so half days (2.5)
So you would need to take 0.2 of a day from your annual leave entitlement.

Brie op is in Ireland - they have different public holidays, in 2018 there's 7 Monday's and then Tues and Wed at Xmas.