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Pro rata bank holidays for flexible working

10 replies

MKDmumofflash · 14/11/2021 08:26

Please can I ask a quick question? I'm sorry if the answer is obvious but I've tried searching and can't find an answer (I may be using the wrong search terms though).

I have a small part time role where I can work the required hours around my life and other commitments.

I've been told I have no entitlement to any pro-rata'd bank holidays as I can do my hours at any other time. Is this right?

I'm happy if it is, I'd just like to check.

Thank you!

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SandandSplashes · 14/11/2021 08:35

There's no legal requirement for an employer to offer paid bank holiday leave.

In practice though, most of the employers I have worked for pro-rata bank holiday allowance and add it to the employees holiday allowance.

Mia400000 · 14/11/2021 08:53

I think you're meant to have 5.6 weeks including bank holidays as minimum.

Do you have 5.6 weeks holiday per year?

flowery · 14/11/2021 09:07

You are entitled to the same amount of paid leave as your full time colleagues, on a pro rata basis. Neither the fact that you work more flexibly or the fact that some of your colleagues’ annual leave has to take place on set days each year mean you get less holiday. That would be treating you less favourably than a full timer which is unlawful.

To find out what your holiday entitlement should be, add up your full time colleagues holiday and bank holidays together to give one total. If it’s statutory minimum, that will be 28 days. If you work 3 days a week, you get 3/5 of that, which is 16.8 days. You’d round that up to 17.

You could take some of that 17 day total on bank holidays, if either you or your employer want that. The rest would be bookable in the normal way.

Does that make sense?

WingingItEveryDay7 · 14/11/2021 09:56

The government website www.gov.uk/calculate-your-holiday-entitlement works out your minimum holiday entitlement. It's up to your employer whether they include extra days for bank holidays or if it comes out of the minimum entitlement. At my last job we were given the minimum amount as per the government. My new employer gives us more than the minimum. Hope this helps x

prh47bridge · 14/11/2021 13:42

Flowery is correct. The minimum entitlement is not relevant. As a part-time employee, your employer is required by law to give you the same holiday entitlement pro rata as full-time employees, including bank holidays.

MKDmumofflash · 14/11/2021 20:24

Thank you very much for the advice, I've checked the government link and I get above the statutory minimum. I think I've got one colleague who should be on similar holidays to me (essentially a job share, although she's been there longer than me) and I'll ask her what her entitlement is.

Thank you!

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flowery · 14/11/2021 22:25

How many days/hours do you work a week, and what entitlement do full timers get?

MKDmumofflash · 18/11/2021 22:44

Thanks all, I checked the gov calculator and it appears I get more than the minimum - I work 8hrs a week out of a 37hr week, and get 53hrs a year.

My only other colleague (who works part time as well) seems to get the same.

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dementedpixie · 18/11/2021 22:48

But what do full time staff get?

MKDmumofflash · 20/11/2021 21:25

I honestly don't know @dementedpixie there are just the two of us in this role, the other jobs are very different so may not have comparable leave allowances

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