Part Time and Bank Holidays.

[Bromptotoo]

I work 24 hours a week for a charity. My hours are spread over three days; Tuesday, Wednesday and Thursday. This means that most Bank/Public Holidays fall on my non-work days. My contract is clear that Bank Holidays are paid leave over and above the 25 days leave allowance.

Previously, doing the same pattern in another branch, the bank holidays were added to my normal leave before being converted to hours and apportioned for my hours.

The current branch doesn't do that. They're taking the line that you only get time off if the Bank Holiday falls on a working day. Otherwise tough luck.

That seems to me to place me in a position where I am disadvantaged compared with my full time comparator which would be contrary to para 5 of the The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

There is another employee on the same hours but working Monday and Friday who will get 5 days paid leave that I do not.

Should I raise it informally first and then as a grievance if no resolution?

I think you might be best raising this with citizens advice first, as I'm not sure how many people here would be qualified to know if they are applying this correctly legally speaking. I feel like getting the legal opinion would be important before deciding your next steps.

You are correct this is both a breach of the Working Time Regulations and The Part Time Workers prevention of less favourable treatment regulations. You are getting less than 5.6 weeks leave and being treated less favourably as a part timer.

This matter comes up so often that I created this example. Use it to show your exact situation

@Chinawall thanks for that. I was sighted on the part time v full time aspect but not the Working Time aspect.

There would actually be years, the next is 2026, when Christmas and New Year fall over a weekend and the 25 days apportioned over the year, 120, are less than the stat minimum of 134.4.