Bank Holidays on a non working day

[Paddlechick666]

Hi

Can anyone tell me if you work p/t and your non working day falls on a Bank Holiday do you get a day off in lieu or do you just miss out as it's your day off anyway?

TIA

I work a 4-day week with Mondays off and the bank holidays I miss are added on to my annual holiday entitlement.

Actually - I am entitled to 4/5ths of the bank holidays and so whatever that works out as is added to annual holiday.

Most companies will pro-rata bank holidays and annual leave, as otherwise p/ters who do work on a Monday say would effectively get a whole load of additional leave. But strictly there isn't an entitlement to bank holdays, so you won't get an in lieu day.

okay cool, thanks for that.

is that something you've arranged locally or a legal requirement d'you know?

thanks again.

ladymuck, that's interesting.

i currently work a 4 day week with tuesdays off but am considering switching my day off to monday for continuity purposes hence my question.

until now i've just had the usual bank holidays off as just that.

unfortunately i don't have a great deal of confidence in my HR dept and am worried that I will lose out if I switch days as they won't be capapble of understanding the pro-rata thing!

Hi paddlechick

Was convinced I'd answered something like this fairly recently, so did a search and found the below answer which I've cut and pasted rather than write it all out again as I have DS in one hand!

"You get pro rata the same number of bank holidays as a f/t member of staff.
So, for example if someone works 3 days a week, Wed- Fri, they would be entitled to 3/5 the bank holiday entitlement of a f/t member of staff. F/t entitlement is usually 8 days, in England anyway, so a 3-day a weeker is entitled to 4.8 days, which I would round up to 5 (following me so far? ).

What I have done in organisations I have worked for is got p/t members of staff to sit down with their manager at the beginning of the year and work out which bank holidays naturally fall on their working days, and then adjust.

So if a part timer works 3 days and is entitled to 5 bank holidays, the manager would look at the calendar at the beginning of each year to see how many would automatically fall on working days - this might change each year as obviously Christmas, Boxing Day and New Years Day vary each year.
If the number of days that fell naturally on the p/t persons normal days was less than 5, the manager would ensure they took a day in lieu to make it up, usually in the same week as a bank holiday."

I hope that makes sense, seems a bit complicated!

I work PT and as I don't work Mon/Fri BH rarely fall on my work days. I work 0.5 contract and on top of my normal holiday allowanace I got 0.5 of all bank holidays. I can take them whenever I want.

My job share does work Mon so hits lots of BH. She also only gets 0.5 of all BHs though, so for most BH she has half as a BH and the other half she has to take out of her holiday allowance.

When I was teaching it was done different. If your work day was on a BH you got the day off. If you didn't work a BH then you didn'tt get extra time off in leui or anything.

Just the question I was going to ask! I have put in a flexi working request - want to cut week down to four days and am thinking of taking Monday off - I was wondering the same thing!

it sounds like i'm on a relatively cushti deal at the moment then as no one questions BHs. I just get them off altho it seems I am only entitled to 4/5s of them!

perhaps I should just stick to existing arrangement and avoid drawing attention to it LOL.

the only problem i have is that i do find it quite hard working one day, having a day off then working the rest of the week.

i seem to spend Wednesdays catching up with what i missed on Tuesdays and Tuesdays seem to be a favourite day for important meetings.

thanks all for the information.

It depends on your contract. Where I work we get an annual amount of holidays which include bank holidays so for me they are given pro rata.

If you get an annual amount of holiday then bank holidays on top you may not get them pro rata.

you can't lose out as a p/t worker though - if f/t people get b/h on top of holiday, you must get pro rata equivalent.

I work for a university which generally has good terms and conditions but they are not very good about bhs. If you normally work that day, you get it as a bh, if you don't, tough! This has the annoying side-effect that the on-campus nursery has no spaces on a Monday because everyone who works part-time wants to work on a Monday.

I'm also the Trustee of a voluntary organisation and our staff get pro rata bhs, which is much fairer as everyone's said.

this is covered by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations - part-timers must be treated at least as well as equivalent full-time workers, unless the reason why not can be objectively justified.

That's true, but what is treated as 'no less favourable treatment' can get a bit complicated. Different companies have different ideas what that means, hence all the different examples people have given below of how their holiday is treated.

There was a case recently where someone sued for bank holidays. She was in a job where the business was open all 7 days, and people worked allocated shifts. She was part time and wanted additional pay for bank holidays because she said that full timers who worked Monday to Friday got paid on those days. She was told that she had not been discriminated against because full timers whose usual day did not, for example, fall on a Monday (where the most bank holidays fall) did not get extra days in lieu either. They lost out too. So she wasn't being treated any less favourably than equivalent full timers.

It's not a cut and dried issue, sadly. Most employers in offices, etc, do what Flowerybeanbag suggested.

I work Tuesday to Thursday but my employer gives me the bank holidays pro rata in lieu. Any that fall on my working days (only xmas ones) i get off like everybody else, all the others when im not at work I get 3/5ths of and take as lieu days when i like. Its fab as works out with my usual holidays plus these i get just over 7 weeks a year off.