Employer with a grudge

molerat

If full time staff get BH days off then you should get them too or if you are not contracted to work on that day get compensated for it. My employer pays p/t staff who are not contracted to work 1/5th of a weeks pay. FT staff who are not contracted to work the BH get a lieu day.

crazytalk

i think you will find your employers may be right.
it depends what days you work as a opart timer.
if you do the end of the week, you don't have to get time off in lieu if there is a BH on the monday...unless other part timers at your place do
#where i work they don't treat p/t workers badly, they just treat those workers who work the end of the week badly- and there is no law against this!
pro rata the mon-weds workers get more time off than the full timers who get more time off than the wed-fri group
hope this makes snese, i looked inot the legalities of taking my employer to court over it but nobody has challenged it yet- you'll find there are recommendations in the law- not requirements... sorry!

liney

As i work 2 1/2 days per week (which can vary) i get half holiday entitlement of the full time staff. They get 22 full days and i get 22 half days. They get 8 full days paid bank holidays and i get 8 half days paid bank holidays. Ie if i want a full day off it costs me 2 half days.

If they pay full time staff for bank holidays then im sure they should pay you too (but by percentage of the week you work, if you know what i mean) regardless of the days you work. Lots of people work shift patterns and anualised hours nowdays; it's not an unusual position to be in.

Although you are not legally entitled to bank holidays paid unless you work in a bank, you are legally entitled to a Contract of Employment and equal treatment.

hjb123

liney wrote:

If they pay full time staff for bank holidays then im sure they should pay you too (but by percentage of the week you work, if you know what i mean) regardless of the days you work.

I disagree - they should only pay an employee for the bank holiday if they would normally work on that day!

blueoctopus_2

I had a dispute with an employer some years ago about a different issue, but during a meeting with a solicitor specializing in employment law it was mentioned that if you did not have a contract you were actually in a better position legally, as by not having one the company are breaking the law. It really depends on how much you want to dig your heels in over these issues, but if you want to follow it through on a point of principle, its probably best to think of moving on somewhere else as life pobably will be made very difficult for you. By the way as soon as I got legal advice the company I worked for caved in. I was in the right by the way.

liney

From ACAS Website.
Can a part-time worker who works Wednesday to Friday claim the right to paid bank holidays which fall on a Monday?
Only if full-time workers at the same workplace are given paid leave for bank holidays in addition to the statutory leave entitlements under the Working Time Regulations.

The Part-time Workers (Prevention of less Favourable Treatment) Regulations 2000 provide that part-time workers should not be treated less favourably than full-timers in regard to their contractual terms. As most bank and public holidays fall on a Monday, those staff who do not normally work that day could be disadvantaged. Best practice suggests that such workers should be given a pro-rata entitlement of days off in lieu according to the number of hours they work.
From ACAS website

This is what you are looking for, i think.

ohreally

hjb123 wrote:

I disagree - they should only pay an employee for the bank holiday if they would normally work on that day!

While you may hold an opinion,do some investigation and it will reveal your opinion is not worth much.
Last year i submitted an ET1 on behalf of 48 members, all of whom worked part time and at weekends...the employer requested the ET1 be withdrawn and they gave all the applicants cash compenatation for arrears of P/H's and extra annual leave to compensate for the P/H now missed as they are not on duty Mon-Fri.

ohreally

liney wrote:

The Part-time Workers (Prevention of less Favourable Treatment) Regulations 2000
This is what you are looking for, i think.

http://forums.moneysavingexpert.com/showpost.html?p=2022590&postcount=20

ohreally

blueoctopus wrote:

it was mentioned that if you did not have a contract you were actually in a better position legally, as by not having one the company are breaking the law.

Could you show me which law is being broken please?

May

Ok, so this is the way i've interpreted the above info, If a F/T person gets 20 days hols a year and is given paid bank holidays = 25 days holiday - the P/T staff should receive the equivalent???

I'm on a 6 month temporary contract. I've been given 15 days holiday to which i must deduct any bank holidays that fall within that period. So in effect i've got 10 days hols.

How does the law work with this one?