HR help! issues around part time work

[Michellexxx]

I work as a teacher and am currently trying to sort out days in lieu with my school.

There’s essentially some issues with the queens funeral. They are saying that they don’t know if we get it because we don’t normally work a Monday. But obviously other part time members of staff did, and full time.

So it seems we’re basically going to be told we have to accept that we work and extra day (I’m hoping we get the coronation as it’s on a Monday too..but..) and get the same pay as others who work Monday as one of their days.

Does anyone know if this is allowed? In state school in Scotland. It’s basically deputy heads in the school guessing and finding it hard to get hold of anyone at the council..

I work in an academy in England.

My colleague who is PT and doesn't work Mondays was approached to say she can have extra time off to make up for the loss of the bank holiday and the same for the coronation too.

Would you not get a pro rata amount of time to take off? That's how other bank holidays would be worked out

Yes this is normally what happens but they’re trying to see if they can get away with not including the queens funeral. Calling it ‘special circumstances’ but it obviously discriminates only if you’re part time and happen to work different days.

I know other councils added an extra day for everyone because they were already off and nhs gave as an extra day.

Im just hoping if someone in HR might know if there’s some legality here!

The extra day for the queens funeral wasn’t put into law (it’s not like the other bank holidays). This means that employers can decide if people get it or not.

But! We’re also not supposed to treat part time workers less favourably than full time workers (part time workers regulations 2000)… You could try and pin something on that, but honestly I’m not sure how successfully that would be as other part time workers got the time…. May be worth a try though, if focus more on your ‘version’ of part time!… I’d maybe edge my bets, mention it informally say I’ll raise a grievance and see what they do (it may be more cost effective to give you the time rather than manage a formal grievance.)

I working in a social care charity…. We just gave everyone the extra time (social care doesn’t stop for the queen!).

P.s. - worked in HR for coming up to 15 years.

Thanks. Is the coronation a bank holiday by law?

I think we’ll definitely attempt to get them to agree to it, seems odd that if all staff are affected, they’ll change it to give to everyone. But are dragging heels for a few members of staff!

I was under the impression they didn’t have to honour the queens funeral as a bank holiday it was optional

There was a very helpful thread on here at the time of the funeral, which was really useful as I don't work mondays, did some maths and realised my company hadn't pro-rata'd (or how ever you spell it!) any Monday bank holidays for me. They said oh no it's all fine and I said no, it's not....turns out our "HR software had miscalculated" but basically I think they never thought it through till I chased it.

Doubt it will be put into law….. generally none of the extra ones are made legal like the standard 8 we get. I guess it’s a long process putting things into law for our ‘one off’ extra days, and most employers give people them anyway. The 8 days date back to something like 1870 (I don’t know off the top of my head without a Google! I know it’s old law that I don’t need to look into very often)

It does seem like an odd decision … but, people don’t always properly think about decisions, or they can be a bit short sighted at times.

@Michellexxx @rwalker each employer needed to make a decision what to do based on employment law and employees contracts.Having made the decision the must then treat all staff the same.

As FT employees were given an extra day, all part time employees are entitled to pro rata leave otherwise as @KarmaLlamaagain says it is unlawful under Part Time Workers prevention of less favourable treatment regulations. It may also be discrimination under EA2010.

FYI The minimum legal entitlement is 5.6 weeks/28 days and an employer can require employees to take their BH out of this, including the Coronation. However, if your contract states x days plus BH then you get the extra BH.

Thank you so much. This is what I thought- they can’t really pick and choose who gets it. Everyone bar a few members of staff got it and we all got the jubilee last year so seems odd to randomly change it.

@DifficultGirl no BH or Public Holiday is set out as a right to have.

Employers who follow Working Time Regs and give 5.6 weeks statutory leave can specify BH/Public Holidays, including the Queens funeral, are deducted from statutory leave.

Employers whose contracts state x days leave plus BH should give an extra day as per their contracts.

The jubilee was in half term for Uk teachers. Our school gave it to everyone on a friday, my day off. My school gave it to me in lieu (and I had a lovely time in Barcelona).

I am a TA and don't work Mondays. I got a days payment for the queen's funeral.

@Michellexxx as a teacher in Scotland I assume you and your part time colleagues are in a teaching union? Assuming you're in the EIS I would get in touch with your LA secretary, they tend to be more knowledgeable in these matters than DHT/HTs.