Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Bank holidays and the law

86 replies

takemetomars · 25/03/2022 16:36

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?

OP posts:
QueenB5 · 25/03/2022 21:25

It all depends on the wording of each of their contracts. Unfair as it seems as long as worker B gets her statutory legal requirement of days then they doesn’t really have a case. Worker A’s contract should state she gets her stats plus bank holidays. To create harmony in the business the employer at their discretion could give B their holiday pro rata with BH added but public sector companies tend not to always care.

Comefromaway · 25/03/2022 21:27

@QueenB5

It all depends on the wording of each of their contracts. Unfair as it seems as long as worker B gets her statutory legal requirement of days then they doesn’t really have a case. Worker A’s contract should state she gets her stats plus bank holidays. To create harmony in the business the employer at their discretion could give B their holiday pro rata with BH added but public sector companies tend not to always care.
Unless the contract gives extra holidays for longer service or seniority then that is not true.

Full timers and part timers must be treated the same.

dementedpixie · 25/03/2022 21:28

Of course worker B has a case if they are being treated less favourably than worker A. Its illegal!

Kitkat151 · 25/03/2022 21:30

I used to have Monday’s off....I was therefore able to use for 6 hours prorata for the bank holiday when I wanted....I loved it....seemed to have loads of leave ( I’m NHS)

Original poster
takemetomars · 25/03/2022 21:34

@QueenB5

It all depends on the wording of each of their contracts. Unfair as it seems as long as worker B gets her statutory legal requirement of days then they doesn’t really have a case. Worker A’s contract should state she gets her stats plus bank holidays. To create harmony in the business the employer at their discretion could give B their holiday pro rata with BH added but public sector companies tend not to always care.
This is my experience of the matter. I get fair and unfair but if companies are getting away with this, are they confident that they are acting lawfully
OP posts:
Comefromaway · 25/03/2022 21:36

Worker B could take the company to industrial tribunal.

Newjobformoremoney · 25/03/2022 21:37

Yes treating a part time employee unfavourably is unlawful. She should get prorated bank holidays.

Original poster
takemetomars · 25/03/2022 21:38

I suspect that the legality of this does depend on the wording in the contract of each employee. It's all a bit woolly eg the 5.6 weeks does not have to be 4weeks plus bank holidays. It does not have to be stated in those terms. I suspect that makes a difference??

OP posts:
Comefromaway · 25/03/2022 21:41

Regardless of the contract wording both workers need to be treated the same.

QueenB5 · 25/03/2022 21:42

You’re both PT as I understand. Many people in companies work under different contracts. TUPE especially is a minefield for HR. As long as your contract is worded to include statutory holidays plus bank holiday and employee B is given the legal amount of pro rata holidays then they have no case. It is unfair on B but the business has broken no law.

Newjobformoremoney · 25/03/2022 21:44

I think that would raise a question on why contruactual terms are different for part time employees. Is there a tupe element involved as that would be different.

HunterHearstHelmsley · 25/03/2022 21:45

Do both workers get 5.6 weeks?

Comefromaway · 25/03/2022 21:45

“ 1) A part-time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker—
(a)as regards the terms of his contract; or
(b)by being subjected to any other detriment by any act, or deliberate failure to act, of his employer.”

Newjobformoremoney · 25/03/2022 21:47

Sorry I have assume worker a is full time and worker b is part time

AlisonDonut · 25/03/2022 21:49

@takemetomars

I suspect that the legality of this does depend on the wording in the contract of each employee. It's all a bit woolly eg the 5.6 weeks does not have to be 4weeks plus bank holidays. It does not have to be stated in those terms. I suspect that makes a difference??
Is A getting 5.6 weeks or 4 weeks plus bank holidays?

Whatever the contract, the part time worker should get the same pro-rata. So either 5.6 or 4 plus 2/5 of the bank hols. Dont forget some bank hols are not on a monday.

HunterHearstHelmsley · 25/03/2022 21:49

@HunterHearstHelmsley

Do both workers get 5.6 weeks?
Should say, do both workers only get 5.6 weeks? Is A getting additional leave to cover the BH or is it included in the 5.6 weeks?
TroysMammy · 25/03/2022 22:02

I brought this up in work a couple of months ago as I work Wednesday, Thursday and Friday and colleague works Monday, Tuesday,Wednesday. We get the same amount of holidays but she also has Bank Holiday Mondays off. So she has more working days off than I do. Even though I have the Monday off anyway (unpaid). There was hell to pay and apparently I'm wrong and she's right. We are having a new Manager soon so I'm biding my time especially as in 2023 only one Bank Holiday is on a Friday and the other 7 on Mondays and Tuesdays.

flipflopjump · 25/03/2022 22:03

I work p/t
I get an annual leave allowance based on 70% of full time allowance.
If I am due to work on a BH I have to use leave.
If I wasn't due to work, I don't use leave.
I believe this is in line with the law in UK

AlisonDonut · 25/03/2022 22:07

@flipflopjump

I work p/t I get an annual leave allowance based on 70% of full time allowance. If I am due to work on a BH I have to use leave. If I wasn't due to work, I don't use leave. I believe this is in line with the law in UK
It depends on what the full timers are getting. If it is full time allowance plus bank holidays they are diddling you. If it is full time but that also includes bank hols then they are not.
QueenOfHiraeth · 25/03/2022 22:13

It can vary between workers under some circumstances I think. My colleagues all have the same amount of leave as I do but theirs includes the bank hols where I was TUPEd across from another business they merged with and get bank holidays pro rata in addition to leave

Kitkat151 · 25/03/2022 22:13

@flipflopjump

I work p/t I get an annual leave allowance based on 70% of full time allowance. If I am due to work on a BH I have to use leave. If I wasn't due to work, I don't use leave. I believe this is in line with the law in UK
Do the full timers get paid BH? ....if so you are getting ripped off...you should then be getting the hours pro rata to take when you want
HunterHearstHelmsley · 25/03/2022 22:19

@flipflopjump

I work p/t I get an annual leave allowance based on 70% of full time allowance. If I am due to work on a BH I have to use leave. If I wasn't due to work, I don't use leave. I believe this is in line with the law in UK
That's the way most places do it.

A full timer gets (e.g) 30 days leave, including Bank Holidays; a 0.75 worker would get 22.5 days leave, including Bank Holidays. A part timer that works Tuesday, Wednesday, Thursday may appear to get more leave than a part timer that works Monday & Friday. They do get the same amount of leave, just less choice of when to take it.

If I understand the OP correctly, the part timer is expecting a day off in lieu for each Bank Holiday. The bank holiday entitlement has already been taken into account.

Change123today · 25/03/2022 22:20

I do think it has something to do with the wording in your contract - I work PT but I was FT so my contract is still honoured
. Originally - 25 days AL and BH
Now it says 25 days pro rota and BH - I work 80% so get 20 days leave & BH.

I don’t work Fridays - any BH that falls on this day I get additional hours added to my holiday leave.

AlisonDonut · 25/03/2022 22:22

@QueenOfHiraeth

It can vary between workers under some circumstances I think. My colleagues all have the same amount of leave as I do but theirs includes the bank hols where I was TUPEd across from another business they merged with and get bank holidays pro rata in addition to leave
As long as the totals are pro-rata overall then fine. Otherwise not fine. Thats why they brought a law in so that part timers were getting the same leave as everyone else.
sweepeep · 25/03/2022 22:24

I don't know if it helps but anyone in my work place who works on shift and could therefore end up working a BH gets an extra week of holidays, regardless of whether they end up working the BH's or not.

Swipe left for the next trending thread