Extra Days Leave?

marybelle01

KiKi wrote: »

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

Sorry - I didn't see your post when I posted mine. I agree with you!

Uncertain

marybelle01 wrote: »

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.

Indeed but an employer can still give some employees more holiday than others for pretty much any other reason which can raise the question of which one is the part timer equivalent to!

marybelle01

Uncertain wrote: »

Indeed but an employer can still give some employees more holiday than others for pretty much any other reason which can raise the question of which one is the part timer equivalent to!

The workplace is closing. Therefore all full time employees are getting an extra days paid holiday. Not that hard to work out then - the comparison will be with any and all full time workers. Simples.

theoretica

You are certainly not entitled to an extra days leave. An extra 0.6 days leave, if anything.

Takeaway_Addict

marybelle01 wrote: »

The workplace is closing. Therefore all full time employees are getting an extra days paid holiday. Not that hard to work out then - the comparison will be with any and all full time workers. Simples.

Actually the way I read it is that all employee on THAT day get the extra day of, its not necessarily going against part timers as other part timers may work this day but not other days during the week.

marybelle01

Takeaway_Addict wrote: »

Actually the way I read it is that all employee on THAT day get the extra day of, its not necessarily going against part timers as other part timers may work this day but not other days during the week.

I appreciate the logic, but sorry it is still wrong! This one is commonplace in many workplaces. If a part timer normally works a holiday (like people who work mondays normally) then they pro rata DOWN. In other words they owe the employer hours. Sorry, and I don't want to be argumentative but this is one I would bet my house on. I am utterly sure, and that's something I seldom am. This is commonplace in my sector of employment. Part time employees pro rata both ways, so people who always work mondays (the usual bank holiday, but it is true of any bank holiday) end up having to work to make up time!

apples1

marybelle01 wrote: »

I appreciate the logic, but sorry it is still wrong! This one is commonplace in many workplaces. If a part timer normally works a holiday (like people who work mondays normally) then they pro rata DOWN. In other words they owe the employer hours. Sorry, and I don't want to be argumentative but this is one I would bet my house on. I am utterly sure, and that's something I seldom am. This is commonplace in my sector of employment. Part time employees pro rata both ways, so people who always work mondays (the usual bank holiday, but it is true of any bank holiday) end up having to work to make up time!

Agree! 100%
You can't choose when to take your extra 0.6 days tho!

KiKi

Takeaway_Addict wrote: »

Actually the way I read it is that all employee on THAT day get the extra day of, its not necessarily going against part timers as other part timers may work this day but not other days during the week.

That's not how part time workers' leave is calculated.

Part timers pro rata ALL paid leave - annual leave AND bank holidays. What day they actually work is irrelevant. The whole leave entitlement has to be pro ratad.

KiKi

Takeaway_Addict

KiKi wrote: »

That's not how part time workers' leave is calculated.

Part timers pro rata ALL paid leave - annual leave AND bank holidays. What day they actually work is irrelevant. The whole leave entitlement has to be pro ratad.

KiKi

I know that, I was just making the point that as long as they get the statutory minimum if the boss decides to give an extra day as long as it doesn't discriminate against part timers purely (ie other part timers maybe in on the day) then it could be argued as ok. How is it any different to the boss saying 'all those working today get £100 extra'?

Obv most people disagree and really it makes no difference to me

but to the OP even if its not right is it really worth kicking a fuss up about it especially as it seems you are not on best terms with them by the sounds of it.

dizzyg_2

Thank you to everyone for taking the time to reply.

I agree it's not worth making a fuss over, was just curious as to where I stood. I am on good terms with my employer and generally they are very reasonable and good to work for. However we had a disagreement recently over time off needed for an operation.

As I knew this in advance I had saved holidays to cover the absence and kept my employer informed. I booked time off and was agreed with my line manager that if additional time was needed I could extend my leave. Unfortunately I had a post op infection and needed an extra few days so called the office to check this was ok and was told it was fine.

Due to company policy my employer changed their mind on this and the time off was all marked down as sick leave, unpaid. My main problem was I was not informed of this until after pay day which meant I had no chance to prepare and have my finances in order for the shortfall in wages.