Bank Holidays

scorpiolady

Where i work there are 3 part timers who doesn't work mondays but they still get bank holidays pro-rata to take as and when they want, we have had a word with our boss and he says its right he got it from the government website, but our arguement is if they don't work mondays anyway then why should they be paid for bank holidays, it just seems so unfair ...

Torry_Quine

Its correct. If not they would loose out on holidays

dorsetlady

No, that's the law. Why should they miss out on the paid holiday (pro-rata) because they don't work on Mondays?

I used to job share in a solicitor's office. I worked Wednesday to Friday and the other lady worked Monday and Tuesday. She got all of the bank holidays paid and I got none (apart from Good Friday). I contacted ACAS and they said I was entitled to three fifths of the bank holidays. When I approached my boss (a senior partner) I was told that if I contact ACAS again I would be sacked and they refused to pay me for these holidays! I left the job but really should have made more of a fuss.

Notmyrealname

There is no legal right to paid bank holidays. You are entitled to 28 days pro-rata and your employer can choose to take bank holidays out of that or not if they pay you for them. So if your employer chooses to pay them out of that when there's a bank holiday, he is perfectly entitled to do so.

Also, there is no legal right to be paid the same or given the same terms as another employee as long as the difference isn't on the grounds of race, religion, sex, age etc.

KiKi

scorpiolady wrote: »

Where i work there are 3 part timers who doesn't work mondays but they still get bank holidays pro-rata to take as and when they want, we have had a word with our boss and he says its right he got it from the government website, but our arguement is if they don't work mondays anyway then why should they be paid for bank holidays, it just seems so unfair ...

It's not unfair at all, you just don't understand how it works. They don't get *every* BH back that they don't work. They get all BHs pro rata. Here's an example:

You get 28 days leave a year. You can take your 20 days when you want, and the 8 days are set days, you have no choice.

A part timer works 3 days a week, so is entitled to 28 days pro rata, which is 17 days. What that means is that if they are supposed to work on a BH day, that day has to come out of that total leave. If they don't work on a BH, then nothing happens.

You see that as gaining a day, but it's not, and here's why:

Let's say their working pattern means that they are supposed to work on ALL the BHs next year. That means that, out of their 17 days, 8 would have to get taken up with those BH days. Despite the fact that they are only entitled to 8 BH days pro rata, they still have be off on those days, so they have to use some annual leave as well.

They're not getting extra leave at all. But if they don't work Mondays then it's possible that they have more *flexibility* with their leave than you. But definitely not more.

real1314

Notmyrealname wrote: »

There is no legal right to paid bank holidays. You are entitled to 28 days pro-rata and your employer can choose to take bank holidays out of that or not if they pay you for them. So if your employer chooses to pay them out of that when there's a bank holiday, he is perfectly entitled to do so.

Also, there is no legal right to be paid the same or given the same terms as another employee as long as the difference isn't on the grounds of race, religion, sex, age etc.

Treating part-time workers differently to full time workers would be covered by indirect sex discrimination as statistically more women work part time than men. Hence, to favour full-time staff over part-time, or vice-versa is illegal. :cool:

V_Chic_Chick

Even if your employer wasn't correct in terms of how they are paying bank holidays, I'm at a loss to understand why you would seek to have benefits taken away from other workers, at no benefit to yourself. Hardly good for workplace relations, is it?

KiKi

real1314 wrote: »

Treating part-time workers differently to full time workers would be covered by indirect sex discrimination as statistically more women work part time than men. Hence, to favour full-time staff over part-time, or vice-versa is illegal. :cool:

Whilst it is *potentially* indirect discrimination in *some* cases, that's not the basis of the law for part time workers.

Treating part timer workers less favourably than full time workers is unlawful, full stop. It doesn't matter if you're male or female - thankfully!!

KiKi