PT and entitlement to extra day BH this year

princessdon

Hi

Can anyone advise if I should get extra AL entitlement this year?

I am a part time worker and haven't received the extra .5 day for this year (we close on BH).

I questioned with HR and was told that it isn't a "contractual bank holiday" so those staff working that day get it off and those that don't are already off.

Surely this is unfair? Do we have a legal entitlement to this extra day or is it really at the discretion of the company?

sammyroser

It's up to the companies discretion.

anamenottaken

princessdon wrote: »

Hi

Can anyone advise if I should get extra AL entitlement this year?

I am a part time worker and haven't received the extra .5 day for this year (we close on BH).

I questioned with HR and was told that it isn't a "contractual bank holiday" so those staff working that day get it off and those that don't are already off.

Surely this is unfair? Do we have a legal entitlement to this extra day or is it really at the discretion of the company?

If those who work full-time are being given an extra day's holiday then, to avoid being guilty of treating part-timers less favourably than full-time staff, the employer should allow extra holiday for the part-time staff proportionate to their part-time hours compared with full-time hours.

paddedjohn

How much holiday does a full time worker get and how much do you as a part timer get also how many days per week do you work

princessdon

I get exactly half of the FT time rate on my basic hours. I work 4 days a week (only Tuesday off).

paddedjohn

If a full timer gets 28 days (5.6 weeks) as a minimum then you working 4 days per week should get 22.4 day (5.6 weeks at 4 days) this can include the bank hols if the employer wish's. If you are contracted to work on a bank hol but are closed then you should be paid for it and the day taken off your leave.

princessdon

I get 32 days a year (pro rata'd to 16) plus 4 bank holidays (pro rata'd of the 8FTE so 20 days (but this is converted to hours). All BH must be taken as AL as closed.

They are saying that this BH is discretional and not an entitlement. Is this correct?

paddedjohn

As I said befor, you work 4 days a week so you are entitled to 4/5ths of the holiday a full timer gets, not half.

princessdon

I only work .5 hence why I get half entitlement.

It is my choice to spread over 4 days around childcare so I don't do 7.5 hours a day. The normal entitlement is correct at for an 18.5 hour post (although currently working extra but this is voluntary and not counted as annual leave). It is this extra BH - I assumed I'd get a half day but they are saying it isn't a legal BH and at their discretion.

Loanranger

If your contract states that you get all BHs then you are entitled. Please quote here what your contract says.

princessdon

The contract states

Holidays are as follows

a) For employees with less than 2 years you are entitled to 28 days plus contractual bank holidays
b) For employees with between 2 and 5 days you are entitled to 30 days plus contractual bank holidays
c) For employees with between 6 and 10 years you are entitled to 32 days plus contractual bank holidays

For part time staff this is pro rata'd.

My entitlement for this year is

16 days (as a 0.5 FTE) as I have more than 5 years, plus my normal 4 days I get for bank holidays.

BUT this year there are 9 Bank Holidays and they are saying that this additional day is discretionary.