Bank holidays and the law

[takemetomars]

Can anyone point me to a source which definitively states the law around workers who do not work on a Monday receiving annual leave in lieu as they do not benefit from the bank holidays?

All workers are entitled to at least 5.6 weeks worth of holidays (28 days for full time staff) . This can have bank holidays included or bank holidays can be in addition. Part time staff would get holidays/bank holidays pro rata so for example if they worked 3 days they'd get ⅗ of the full timers annual leave including bank holidays.

People who work on a Monday would have the same equivalent leave as the people who don't work on a Monday but have less choice about when to take their holidays as some of their leave is already deducted due to the bank holidays

What's your specific question relating to annual leave?

www.gov.uk/holiday-entitlement-rights

@dementedpixie

All workers are entitled to at least 5.6 weeks worth of holidays (28 days for full time staff) . This can have bank holidays included or bank holidays can be in addition. Part time staff would get holidays/bank holidays pro rata so for example if they worked 3 days they'd get ⅗ of the full timers annual leave including bank holidays.

People who work on a Monday would have the same equivalent leave as the people who don't work on a Monday but have less choice about when to take their holidays as some of their leave is already deducted due to the bank holidays

What's your specific question relating to annual leave?

Thanks for this. I have already read all of this but am no wiser. It might be useful to give a scenario?

Worker A get the statuary 5.6 weeks. But she benefits from paid BH Mondays off (plus Xmas and Bday if the days fall on her working days.

Worker B works tues/weds, she gets her 5.6 weeks but does not benefit from any BH unless Xmas and Bday fall on her working days. She insists this is illegal and that she should get pro rats BHol entitlement by law
Is worker B correct?

What's you actual question? worksmart.org.uk/work-rights/hours-and-holidays/holidays/i-dont-work-mondays-will-i-miss-out-bank-holidays#:~:text=t%20work%20Mondays.-,Will%20I%20miss%20out%20on%20bank%20holidays%3F,of%20your%20normal%20working%20days.

so if worker a gets 5.6weeks plus bank holidays (of which there are 9 this year) aka 37 days , worker b should get 15 days.

If they both get 5.6 weeks that's fine.

Or is worker A getting 5.6 weeks plus bank holidays?

I think worker B is right. She should not lose out because she doesn't work Mondays. That would be unfair.

@JackieCollinshasnoauthority

If they both get 5.6 weeks that's fine.

Or is worker A getting 5.6 weeks plus bank holidays?

This is key OP

But does worker A not get the bank holiday days deducted from her annual leave entitlement when they are off as that's what normally happens?

If worker B also gets 5.6 weeks holiday then they have more choice in when to take the holidays as they don't get the bank holidays deducted from their leave.

They get the same number of days holiday but worker A has less choice in when to take the holidays as they have to allow for the bank holidays.

E.g. worker A gets 28 days holiday but gets 5 deducted due to Monday bank holidays - leaves them with 23 days to choose their own days off (I'm not counting other bank holidays here)

Worker B gets 28 days holidays but as they don't work on a Monday they don't need to deduct any days due to bank holidays so they can choose any days.

Both workers get the same pro-rata allowance? Which includes pro-rata bank holidays?

So if worker A gets 28 days leave then worker B gets 2/5 of that, and whether its a Monday or not is irrelevant

If worker B only does 2 days then she gets ⅖ of annual leave/bank holidays = 11.2 days (if worker A gets 28 days inclusive of bank holidays)

Worker A likely gets bank holidays deducted from those 28 days. 11.2days for worker B is already inclusive of pro rata bank holidays so they aren't missing out on anything

If worker A gets 28 PLUS bank holidays then worker B should get 2/5 of that.
This year there are 9 bank hold so = 37
37/5*2 = 14.8 days holiday and they have more freedom as to when to take those days

How many days do the people in your example actually get in thier allowance?

I work 3 days a week (not Mondays) so get 3/5 of the number of bank holidays that year. Those BH that fall on one of my working days that year get deducted as I have to take them.
My 3 day a week colleague does work Mondays. She also gets 3/5 bank holidays but usually ends up with more deducted as most BH fall on a Monday. So less choice over the year.

@dementedpixie

If worker B only does 2 days then she gets ⅖ of annual leave/bank holidays = 11.2 days (if worker A gets 28 days inclusive of bank holidays)

Worker A likely gets bank holidays deducted from those 28 days. 11.2days for worker B is already inclusive of pro rata bank holidays so they aren't missing out on anything

No, worker A gets 5.6 weeks and gets the bank holiday Mondays off as the business is closed in those days she does not get this deducted from her A/L entitlement so is essentially getting 5.6 weeks plus all BHols off and paid Worker B does not have this as she does not work on a Monday. She is not getting BHol pro rats in addition to her 5.6 week allowance. In this scenario, is this illegal?

It would be the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000

www.legislation.gov.uk/uksi/2000/1551/contents/made

If worker A gets paid bank holidays on top of their 5.6 weeks allowance then Worker B must get a pro rata amount of those days.

So if she works 2 days per week she should get 2/5 bank holidays to add onto her entitlement.

How do you know bank holidays aren't deducted from worker A? Or if worker A gets bank holidays on top of the standard annual leave then worker B should get ⅖ of whatever full time staff get

Worker B is right but it really depends on the wording in the contract. If it states 27 days plus bank holidays as standard then you should prorata bank holidays for worker b but then deduct bank holidays that don’t fall on Monday from the allowance. Does that make sense?

@dementedpixie

How do you know bank holidays aren't deducted from worker A? Or if worker A gets bank holidays on top of the standard annual leave then worker B should get ⅖ of whatever full time staff get

Because I am worker A

@Newjobformoremoney

Worker B is right but it really depends on the wording in the contract. If it states 27 days plus bank holidays as standard then you should prorata bank holidays for worker b but then deduct bank holidays that don’t fall on Monday from the allowance. Does that make sense?

Contract for both states 5.6 weeks A/L. No mention of bank g holidays

So how many holidays do you get in total inclusive of bank holidays?
Worker B should get ⅖ of whatever that is

@dementedpixie

So how many holidays do you get in total inclusive of bank holidays? Worker B should get ⅖ of whatever that is

Is that the law? Or what is considered to be 'fair' ?

Someone has already linked to the legislation about less favourable treatment of part time workers

It’s the law. It’s illegal to treat part time workers less favourably than their full time counterparts.

It is law that p/t workers should not be treated less favourably than f/t workers with regards to any aspect of pay, holiday entitlement, conditions etc.

See my link above