Bank Holiday entitlement if part time

[MrsMopple]

I have finally received a contract from my employers, who I have been with since October 2007. I work 2 days a week for them, their preferred days are between Tuesday and Thursday, although they are reasonably flexible about this. The contract says that I will be paid for bank holidays that fall in my usual working days (ie, none). But, my manager told me last week that I was entitled to 2/5 of the bank holidays to take as paid leave when I chose. I just want to check before I sign, whether I have any legal entitlement, and if so, where it should be written.
I'm off out now for the rest of the day, so won't be back on this til late this afternoon at the earliest

if you dont normally work them you arnt entitled to them.

Yes you are entitled to exactly the same as anyone else, the days you work are irrelevant. You are entitled to 2/5 of the bank holiday entitlement, which would be 3.2 days if you are in England, which you can take, not necessarily when you choose, but obviously if they let you choose that's great. Obviously some years one or two of the normal bank holidays may fall on your normal working days, Christmas, Boxing Day and New Year are all movable, so you should sit down with your manager at the beginning of every year, look to see whether any fall on your normal days, then work out how many more you need to book in.

No hifi the law has changed so part timers receive the same benefits as full timers, so they get bank holiday entitlement too. As a part timer you will get 2 fifths of the bank holidays as paid leave, so if your full time holiday entitlement is 25 days leave plus bank holiday (there are 8 per year) your pro rata entitlement is 10 full days leave plus 3.2 full days as bank holidays.
However if a working day happens to fall on a bank holiday then obviously you have to deduct this from your bak holiday leave. So each year, depending on when Christmas day, Boxing day and NY day fall your bank holiday leave entitlement would change. In other words how much extra bank holiday leave you get has to be calculated seperately each year!
HTH

shows how out of date i am

Ooh, actually there is a bit of both.

Flowery is probably right, but there was a case a while back which threw a spanner in the works. The illegal thing is to treat part timers less favourably than full timers. In that case, the business operated 7 days a week and employees worked five days. The full time employees whose working days didn't fall on a bank holiday didn't get a pro rata credit either. Therefore the full timers were treated the same as the part timers and there was no discrimination. As there was no discrimination, there was no claim.

What is still uncertain is whether this would work for a five day a week business (i.e. where applying the rule will always mean that part timers are treated worse).

Mind you, Flowery is right for all sensible purposes. Only dull legal/HR types like to debate the above!

I work 3 days a week and get 3/5ths of the bank holidays that fall on my non working days.

I like the way my company does it. I think it is a proper way and a fair way of pro-rata'ing it.
I work 2.5 days, but it is based on 3 days.
so I get 5 weeks = 25 days
Then I pro rata that - 25 x 3/5 = 15
Then I add the number of actual bank holidays there are - last yr there were 8 - pro rats that :
8 x3/5 = 5 so add that = 20
then you deduct the actual number of bank holidays that fall on the day you work :

so if there are 8 bank hol, 6 falling on a monday, and you normally work a monday, you have to deduct 6. If the other 2 fall on days you don't work, it is just the 6 that you deduct.
so 20 - 6 = 14 that is how many days I got
14/3 = 4.6, so I do not get the full 5 weeks, I get 4.6, which considering I work p/t and am entiteled to some, but not all of the bank holidays, seesm fair to me.