bank holidays for part time workers

mlz1413

If a person works Mon to Thur every week are they entitled to a day in lieu for bank holiday FRIDAYS?

My reaction was no but I wondered if there is any legal people out there who could advise me?

marmitequeen

There will be someone clever along in a moment, but until that point I believe part-time workers are simply calculated on a pro-rata basis so someone working Mon-Thurs in a job that's normally Mon-Fri is probably working 0.8 contract. Therefore they'd get that of the bank holidays as well. It doesn't matter which days you work, it's the % of the contract.

However, if you've always had the Mondays off you might find you've had more than you maybe should have had - so be careful before asking for 0.8% of the extra Friday!!!

mlz1413

so if there are 6 bank holidays and 2 public holidays (xmas & boxing day) this year he should get 4.8 of them?

Currently 4 follow on mondays so he is entitled to 0.8 of a day.

I was assuming he would be entitled to the days he was contracted to work and any bank hols that fall on them.

Are public holidays pro-rota too?

SPANIEL36

the job i work in, we dont get any extra pay for any bank holiday only christms day. dont even get any days off in lieu

tizerbelle

In short, no.

This is how we work holidays for part-timers. Am assuming work pattern of 4 days Mon-Thu and full time is 5 days, Mon-Fri with an allowance of 28 days holiday per annum including bank holidays allowance.

So a part-timer gets 4/5 of the annual allowances so = (28/5)*4 = 22.4 days holiday per year. Out of this 22.4 days, if a bank holiday falls on a normal working day (Mon-Thu) they have to deduct a full days holiday from their total annual allowance. If a bank holiday falls on a day they don't work, then nothing happens, they don't lose a days holiday, they don't get paid and they don't get the time in lieu (as it has already been accounted for in the pro-rata amount of holidays they get).

liney

mlz1413 wrote: »

so if there are 6 bank holidays and 2 public holidays (xmas & boxing day) this year he should get 4.8 of them?

Currently 4 follow on mondays so he is entitled to 0.8 of a day.

I was assuming he would be entitled to the days he was contracted to work and any bank hols that fall on them.

Are public holidays pro-rota too?

No, he should get 6.4 of them. 8/5*4.

Unless you do not give your full time staff Public Holidays, but they still receive their Statutory minimum requirement of 5.6 weeks leave?

Public Holidays, Bank Holidays, Annual Leave, should all be treated the same.

Part time workers are not to be treated less favorably to full time workers, so they should have all holidays pro-rated.

Remember that when calculating leave you can award the exact time ie 0.4 of a day, or you can round up to 0.5 days, but you must never round down.

Hootie19

SPANIEL36 wrote: »

the job i work in, we dont get any extra pay for any bank holiday only christms day. dont even get any days off in lieu

I think I was spoiled in a former job!!!

I job shared - she did Monday, Wednesday and Friday, and I did Tuesday, Wednesday, Thursday. This would have meant that she got ALL the bank holidays, and I got none.

My employer proposed that as we each worked 3/5 of a week, we each should get 3/5 of the bank holidays.

She had to work the extra days over and above her 3/5 entitlement, and I got to take the extra days, as close to the day the BH fell as possible.

I think we were so lucky with that employer - we had some fabulous benefits - for example four pay rises a year - yes, really. FOUR! Two cost of living increases and two merit increases; free lunches and an all expenses paid weekend break for a Christmas "do". (There were only 7 of us in the company - well, 8 on a Monday, when the bosses wife came in to do the book-keeping!)

Sigh - those were the days!

GothicStirling

I was shocked by the company I temped for over Christmas. Normally I work in Hotels or restaurants and get time in lieu or time and a half for Christmas day, but this year I was working for a highstreet retailer, who forced us to take Christmas day off as a regular day off.

I could have caved the manager's head in. I had requested boxing day off so I could travel to Newcastle to stay with my parents for a few days. She said yes, then proceeded to rota me in at 10:30 on Boxing Day, while she took Christmas, Boxing Day and BH Monday off. Served her right when I was struck down with a stomach virus over New Year [seriously, it wasn't to be vindictive, I slept right through NY]

liney

SPANIEL36 wrote: »

the job i work in, we dont get any extra pay for any bank holiday only christms day. dont even get any days off in lieu

What exactly do you mean by 'extra'? If my office is closed on BH Monday, which it always is, I don't get 'extra' pay, I just get paid for that day as it's part of my holiday entitlement.

If you are saying you don't get paid for any Bank Holidays that you don't work, then that's ok too as long as you get the statutory minimum 5.6 weeks paid holiday at other times in the year. The company does not have to pay you premium rates for working BH though, unless specifically agreed in your contract.

paddedjohn

forget the bank holidays when working your entitlement it only confuses the issue, unless your contract states otherwise you are entitled to 5.6 weeks minimum per year, this can be taken whenever your employer chooses as long as you have your minimum off each year. eg you work 5 days a week you are entitled to 28 days, if your employer is open on a bank holiday you are not automatically entitled to enhanced pay, if your employer is closed on the bank holiday then this is one of your holidays.

mlz1413

So it seems there are differences in how people are treated but the main point is to work it in weeks and not days.

I had always thought Xmas & Boxing day were Public holidays - ie every person in the UK was entitled to them or payment in lieu of them, where as the other days are Bank Holidays and there is no automatic right to them, but I think I'll have to put that thought aside and just treat all the same.

This guy's contract says 25 days holidays in addition to the bank holidays, part time employees are pro-rata.

I also found this on the direct.gov website:
You do not have a statutory right to paid leave on bank and public holidays. If your employer gives paid leave on a bank or public holiday, this can count towards your minimum holiday entitlement. There are eight permanent bank and public holidays in England and Wales (nine in Scotland and ten in Northern Ireland).
If you work on a bank or public holiday, there is no automatic right to an enhanced pay rate. What you get paid depends on your contract of employment.
If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day.

So my thoughts that if you don't work on a day then you are not entitled to it is wrong!

My new workings in weeks are .....
5 hols + 1.8 bank hols this year = 6.8 pro-rata at /5*4 gives him 5.44 weeks holidays.

If your still with me he can take 4 weeks whenever he wishes and then the 7 bank holidays falling within Mon-Thur count as 1.4 of a week due?