Employer with a grudge

Jo_R_2

flea72 wrote:

as a working mum, obviously my kids sometimes get ill and i have to take time off work, which in the past my employers have been ok with. i just take it as holiday, or do longer days to catch up, but can they now stop this, or again would it be a sackable offence, to leave the office if they dont give me their permission.

There is such a thing as 'emergency time off for dependents' that you can use if yr child is ill. It's intended as a short-term measure, so, for example if yr child was ill, you could take the day off to look after them. It covers all sorts of emergencies but is particularly relevant to working parents.

It's an entitlement in law, the same as being given annual leave, being able to take maternity leave, and that sort of thing. So if yr child is ill, you don't need to take sick days or holiday for it in the short-term. It is generally unpaid though unless you have a very generous employer! It makes me mad that whilst employers always detail every other kind of leave int heir handbooks, the ones I have come across have never explained to employees they have the right to take this leave in emergencies.

Read more about it at http://www.dti.gov.uk/er/individual/dependants.pdf

cattie

In the office where I previously worked, the part timer who didn't usually work on Mondays wasn't given any extra time off in respect of Bank Holidays.

I believe if it's a normal day of work you will have some entitlement to pro rata, but if not a working day then you have no entitlement.

fannyadams

http://www.thompsons.law.co.uk/ltext/l0990001.htm

"Paid annual leave
All workers are entitled to four weeks paid annual leave (three weeks for leave years starting earlier than 23 November 1999). The four weeks includes bank holidays. Part time workers have the same rights pro rata. "

hex2

Gem_ wrote:

flea - (as far as I know so could be wrong)

You are entitalled to the same holiday as the pull timers "pro rata" this does not mean that they have to give you a specific day off work such as a bank holiday but it does mean that they have to give you some time off to represent this ie. if you work 1/2 the hours of the full time staff you are entitilled to a 1/2 the holiday allowance they get, 14 days if they get 28.

G

Gem - you are right. Tribunals and the law say as a minimum it must be pro rata to full timers. So if full time get 28 with bh's then 50% part timer gets 14 days. If you then should work every bank holiday you have to book it out of your entitlement.

hex2

fannyadams wrote:

http://www.thompsons.law.co.uk/ltext/l0990001.htm

"Paid annual leave
All workers are entitled to four weeks paid annual leave (three weeks for leave years starting earlier than 23 November 1999). The four weeks includes bank holidays. Part time workers have the same rights pro rata. "

When the Working Time Regs came in they said that all workers including part timers must get as a minimum the equivelant of four weeks holiday. Any bank holidays are included in this figure.

Then the part time workers regulations came in a few years ago and they say that all part time workers must get the same pro rata as full time workers. So your hours as a percentage of full time hours of the total entitlement (inc bank holidays) of a full time worker.

Arguably it is an act of indirect dicrimination by the NHS as more women are PT than men and so benefit from the enhanced pro rata holiday rights. FT men may sue! Employment law is fun!

They cannot dismiss you for raising a legitimate complaint like this. They can be as difficult as possible though. I suggest that you read through the domestic emergency stuff and make sure you dot every i and cross every t if you do have to use it, as they could try and use a technicality. If they do get shirty consider raising a grievance so that there is a formal record if things go wrong. Is there a HR department you can speak to? Quite often managers do not have an accurate understanding of what the law says and a well timed nudged from HR can make all the difference.

Good luck with it. If you need more specific help then let me know. I am a part time HR manager myself so do fully understand from both perspectives.

mishkanorman

Tee hee your boss aint called linda is she ??


my last boss couldnt bare it when I was right, made my life hell till I left.


good luck , I find it difficult in meeting situations and a friend pointed out that i could take a collegue in with me to ensure that it was all kept polite and above board. Worked wonders for me and my boss refrained from slinging insults and lies my way. try it, may work for you.

mishka

flea72

i wish i could take someone in with me for backup, but im the only part timer, so no-one else is interested in my problem, and as its a small company (theres only 5 of us), people dont want to be seen to be taking sides

Flea

Savvy_Sue

In our office, we pro rata the bank holidays for staff who don't work 5 days per week. So the lady doing 2 days pw on a 6 month contract (maternity leave) who gets 4 days leave (equivalent to 2 weeks) is getting an extra day's leave - she doesn't work Mondays so there wouldn't be any for her to take anyway. It's all related to how many hours she works as well, so please don't ask me to justify why it's just one extra day she's getting!

ohreally

You don't have a statutory entitlement to paid time off for public holidays however you do have the right to the same leave entitlement as your full time colleagues though pro rata.My employer now gives part time workers who only work weekends extra annual leave to compensate for the P/H's the don't pick up.
You also have a right to time off in the event of an emergency and you have a dependant who requires your care.This time off does not have to be paid and a dependant can be a child, spouse parent etc.
If you require clarification,search on Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 for chapter and verse.

hjb123

Flea - would you normally work on a Monday - ie when the bank holiday is actually on?!