Extra Days Leave?

dizzyg_2

My employer has decided to close on xmas eve this year and give all employees a paid day off. Unfortunately, as I work part time and don't normally work Mondays, I am the only one in the office not getting this extra day.

Normally I would'nt make a fuss but I have recently had a problem over taking my annual leave so would like to know if I have any right to another day off?

Uncertain

dizzyg wrote: »

My employer has decided to close on xmas eve this year and give all employees a paid day off. Unfortunately, as I work part time and don't normally work Mondays, I am the only one in the office not getting this extra day.

Normally I would'nt make a fuss but I have recently had a problem over taking my annual leave so would like to know if I have any right to another day off?

Short answer - no. Sorry!

Unless you could argue that the employer is somehow discriminating on any of the grounds prohibited by law (e.g. sex, religion, disability etc) then they are quite entitled to treat you differently. It is just the same as giving one employee a pay rise but not another, perfectly legal unless if is for one of the reasons I've indicated.

McKneff

It's the same for Bank Holiday Mondays, if you dont normally work on a Monday, then it's tough. you cant get paid for a day off if you are already off.

dizzyg_2

Had kinda thought that but hoped there was something in the 'part-timers not being treated less favourably than full-timers'.

Thank you for the quick reply.

dizzyg_2

I actually had success fighting the bank holiday entitlement. My role is more or less a job share and by the time holidays were divided I was getting just under the statutory minimum requirement. The holidays are now pro-rata.

paddedjohn

As a part timer you should be treated no different from a full timer, how many days a week do you work and how many days holiday does a full timer get without including this extra day?

dizzyg_2

Full timer gets 23 days plus 12 bank holidays I work 3 days a week. When I started a couple of years ago there was a mistake in my annual leave entitlement which luckily I picked up on.

I then argued as a part timer I should be treated no differently than a full timer and (eventually) got them to pro rata the holidays.

Intoodeep

McKneff wrote: »

It's the same for Bank Holiday Mondays, if you dont normally work on a Monday, then it's tough. you cant get paid for a day off if you are already off.

Correct if you don't normally work it, then you cannot claim bh

maninthestreet

So you want to have it off twice??

KiKi

If the employer is offering this as an additional day's leave (ie, if staff are being paid during the closure), then you are entitled to additional leave pro rata - as you said, the pro rata has to be correct for you compared to full time staff.

So a FTer this year gets 24 plus 12 = 36. You're entitled to 36 x 0.6 = 21.6 (or 22) days holiday. As long as you're getting 22 days this year, then that's fair.

HTH
KiKi

marybelle01

Intoodeep wrote: »

Correct if you don't normally work it, then you cannot claim bh

Incorrect actually. It is illegal to have terms and conditions for part-time workers which are less favourable than for full-time workers, and also indirect sex discrimination. If part-time workers do not normally work bank holidays and full-time workers have bank holidays off, then the bank holiday must be pro-rata'd and also given to part-time workers. http://www.nidirect.gov.uk/index/information-and-services/employment/employment-terms-and-conditions/flexible-working/part-time-work.htm

And actually, I disagree with everyone and think the OP has an argument that if everyone else is having an extra paid holiday, then they should have a pro-rata rquivalent or it is less favourable treatment.