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Original poster

Should I be getting holiday entitlement in lieu

16 replies

3cats4poniesandababy · 11/11/2021 09:45

Hello

So I work for a company which has announced that for this Christmas there will be extra annual leave/office closure.

I work a 4 day compressed week. I do the same hours as people employed full time 5 days. My non working day is Friday.

Where I work has always closed at lunch time christmas eve and new years eve with those who don't work which ever week day it falls on told to suck it up as it isn't 'extra holiday entitlement'. If someone who worked that day wanted the full day off they would only book a morning of annual leave.

Now this year to thank us all for our hard work they are closing the office the full day on Christmas eve but those of us who don't work Fridays are not getting additional hours annual leave. If it makes a difference our holiday is all calculated in hours.

Are my employers acting illegally (if so can someone please post a link to somewhere showing this) or are they acting legally?

(I understand if it is classed as annual leave or should be treated as such it would be pro-rata for part-time employees)

OP posts:
Danikm151 · 11/11/2021 13:17

It's not illegal as it's just a perk they have decided. the same way if a shop is shut you can't work that day.
It's not like it's a bank holiday, you have to have the entitlement for those.

ThelastRolo20 · 11/11/2021 13:21

Hello! We do this at my work and we give the hours to those not benefiting. You can't really introduce a benefit/ a one off/ a perk that disadvantages part time employees. I think it's dangerously close to discrimination as the ONLY reason you don't benefit is that you're part time. I'd definitely raise it

VanGoghsDog · 11/11/2021 13:23

@ThelastRolo20

Hello! We do this at my work and we give the hours to those not benefiting. You can't really introduce a benefit/ a one off/ a perk that disadvantages part time employees. I think it's dangerously close to discrimination as the ONLY reason you don't benefit is that you're part time. I'd definitely raise it
She's not part time.

It's not illegal.

Lovelymincepies · 11/11/2021 13:27

Bank holidays are a legal requirement and yes your work does need to give you the hours back.

chipsandpeas · 11/11/2021 13:29

@Lovelymincepies

Bank holidays are a legal requirement and yes your work does need to give you the hours back.
christmas eve isnt a bank holiday tho
Youngatheart00 · 11/11/2021 13:30

Can you just work shorter days on the Monday - Thursday that week to compensate?

ThelastRolo20 · 11/11/2021 13:31

It could well be depending why she does compressed hours. If it's for childcare it could come under sex discrimination as woman are primary caregivers normally (there was a recent case where a carer couldn't work Saturdays due to childcare, they dismissed her and she won in ET due to sex discrimination - so the link doesn't always have to be clear as day. I'm also assuming OP is a woman and this is an example, not me confirming the reason for compressed hours). Essentially, even if working the same hours everyone else is getting extra holiday no matter which way you cut it, it's not coming out of their annual leave so they're getting extra. The OP isn't getting extra due to her working pattern, without all details difficult to say whether illegal - see the point above how about links don't need to be obvious, but certainly I'd see it as unfair as on another year they would get it if Christmas Eve fell the right way.

Original poster
3cats4poniesandababy · 11/11/2021 13:43

@ThelastRolo20 yes I am on a compressed week due to childcare and am a woman.

OP posts:
Youngatheart00 · 11/11/2021 13:48

What’s wrong with my suggestion above?

Would seem a lot simpler rather than opening the sex discrimination issue which I’m all for when there’s genuine intent but FFS, this is just about giving staff Xmas Eve off?!

ThelastRolo20 · 11/11/2021 13:53

@Youngatheart00

What’s wrong with my suggestion above?

Would seem a lot simpler rather than opening the sex discrimination issue which I’m all for when there’s genuine intent but FFS, this is just about giving staff Xmas Eve off?!

Nothing is wrong with it, in fact it seems like a sensible solution - I don't think anyone said otherwise?

Her employer still needs to understand that they should do something (including your suggestion or giving an appropriate amount of additional holiday to counteract it). So the first step is to have the conversation, and then for the OP and her employer to agree a way forward. and breathe :D

Original poster
3cats4poniesandababy · 11/11/2021 16:10

@Youngatheart00 I don't think I said it was a bad idea. But I couldn't do it without agreement from my employer as unsurprisingly someone would notice if I was walking out early every day and doing less work.

I mainly started this thread to find out if I may have a legal basis for a conversion. I will start the conversion on the equal perks for full and part time employees not mentioning discrimination and see where it gets me.
I was mainly scoping out through this thread if I was being un-reasonable in my expectations. Knowing where the law stood helps in these conversions even though I may not directly quote the law.

I will 100% be going in there friendly at first and give them the chance to do the right thing which will make it a nicer conversion and work relationship for all.

Thank you for everyone's comments.

OP posts:
prh47bridge · 11/11/2021 19:19

If you were part time it would be clear cut. If your employer decides to give an extra half day off to full-time employees, they must give time off pro rata to part-time employees. The law on this is very clear.

The law is less clear when dealing with people working compressed hours. However, in my view this could be a breach of the Equality Act, especially given that well over half of employees on flexible working arrangements are female.

NeedAHoliday2021 · 12/11/2021 19:10

Can you switch your Thursday work day to Friday that week and then be off like everyone else?

HunterHearstHelmsley · 13/11/2021 07:57

@NeedAHoliday2021

Can you switch your Thursday work day to Friday that week and then be off like everyone else?
She would still have to work part of the day. If everyone else is getting (e.g) 7.5 hours and her working day is 10 hours, she would need to work 2.5 hours.
Crazycrazylady · 13/11/2021 22:25

Honestly I think given it's a one off perk for those that typically work on Fridays which you don't happen to. I would let it go. It just seems all a bit petty to me when lots of people would love condensed hours and tbh I'd think less of you for kicking up a fuss over a couple of extra hours in the year.

JackieCollinshasnoauthority · 15/11/2021 22:42

Are you in a union? Perfect for stuff like this because they can raise the issue on behalf of all those working flexibly.

They probably just haven't thought about it fully.

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