Bank Holidays

[Elmo230885]

Currently having a bit of an argument with my DH. He works PT 3/5 days and I work full time. He has Monday and Tuesday off.

Where does he stand with BH? I worked out that he is entitled to 4.8 of the BH ( then I subtracted Good Friday & New Year's Day ) which would leave him 2.8 days.

Legally can he take the rest of the days as part of his AL? ( His work is shut on all BH )

Originally when I asked him to look into it Payroll told him he could but apparently his manager now has "decided" he can't and will just lose the time.

Thanks

It depends on his contract. My last job stated you only get bank holidays if they fall on days you usually work.

So if you don't work Mondays then miss out on a lot of extra days off.

Thankyou. I'll get him to dig out his contract. He's only been part time since we had children.

His bank holidays should be calculates into his annual holiday entitlement and he should then have the choice of when to take them e.g. if full time staff get 20 days + 8 days bank holidays (28 days) then he should get ⅗ of that which is 16.8 days in total.

By law the minimum is 5.6 weeks worth of holidays so 5.6 x 3 (days) also = 16.8days. Take off the bank holidays he would normally work and the rest are his to take when he wants.

Where I work for part timers it works like this. Say I work 25 hours and a full time person is 35 hours. There are 8 bank holidays a year (where we work).
8 bank holidays x 7 hours a day is 56 hours annually. The person working a 25 hour contract calculates 56 x 25/35. They add those hours to their annual holiday entitlement. When a bank holiday falls on one of their working days they use 7 hours to take the day off and so on. Ultimately if there was surplus they use it amongst their overall entitlement

Thanks, the last two comments are what I have been telling him. I'm trying to get him to understand that his manager can't just decide to not give him them! It's his defeatist atitude that is winding me up!!

www.gov.uk/holiday-entitlement-rights says this:

his manager can't just decide to not give him them

The final arbitration is what is set out in his contract. Start from there ...

There could be a case that the contract is unfair but start with the terms set out in the contract.

Bank holidays aren’t special and aren’t a legal entitlement. If his contract says he gets them off, he gets them off. If it doesn’t then presumably if he wants to take a bank holiday off he needs to book it as annual leave.

What the law says is that he is entitled to 3/5 of the paid leave entitlement of someone working full time for the same employer. Whether any of that leave falls on, or is taken on, a bank holiday doesn’t matter.

His contract will say one of two things.

Assuming statutory minimum entitlement it will either say 28 days holiday pro rata or 20 days holiday plus bank holidays pro rata.

If it says the first then his entitlement is 17 days (you can’t round down). If he wants a bank holiday off he needs to book it as annual leave.

If it says the second then he has 12 days annual leave plus bank holidays. If his shift pattern is such that his working days don’t fall on bank holidays he is entitled to at least 3/5 of them. (5 days)

My place is closed bank holidays, I don't work Mondays so use a prorate calculator to work out how much extra holiday I get each year because I don't work them, full timers don't ge tit just part timers, his boss can't just decide he doesn't get them !

No his manager is wrong, he doesn’t just lose the time. He needs to stop considering bank holidays and annual leave as something different, the only difference is that some of the days are mandated annual leave.

So when I last worked in an office, that was closed on bank holidays, I used to consider that I had 25 days annual leave plus 8 bank holidays. Another way of saying it though, is that I had 33 days leave, however my employer chose when eight of those days would be taken.

Your husband should have the pro rata equivalent of the 33 days in my example and if some of those days are his working days, like Good Friday or Christmas then his employer can choose when he takes those days. However as he doesn’t work Mondays, he does not have to use up annual leave on those days and should have the day spare for him to use any day he wishes.

@zzzebra

It depends on his contract. My last job stated you only get bank holidays if they fall on days you usually work.

So if you don't work Mondays then miss out on a lot of extra days off.

That would not be legal. Part time staff cannot be disadvantaged in this way.

Thankyou all. This is pretty much what I have been telling him. He needs to speak to his manager about it properly.

Exactly what Aprilx and flowery said. He’s entitled to 3/5 of the leave of a full timer. If some of his work days fall on a bank holiday and his workplace is closed so he then gets them off that is effectively his employer choosing those days of entitlement for him. He’s left with the rest to choose to use how he wants to. Generally this is seen as a “benefit” for people who don’t work Mondays as they end up with more flexibility in how they use their leave than those who do work Mondays but the entitlement is no different.