Extra Days Leave?

Mistral001

This brings up the question of what is annual leave and what are public holidays. Public holidays vary throughout the UK. Completely different in Scotland and Northern Ireland to those in England and Wales and probably varies within England and Wales as well. In fact is there an official list of "Public Holidays" ?

Even though paid holidays may be referred to as as 20 days leave plus 8 public holidays in T&C, in effect this is 20 plus 8 days on which the office is closed. You still get 28 days paid holidays though despite the terminology.

If the employer chooses to make the 8 days 9 days instead, are the paid holidays increased from 28 to 29? I would have thought so.

KiKi

Takeaway_Addict wrote: »

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.

It is discriminating *because* that's not how you calculate leave for part timers!

In short: what days you work as a part timer have no impact on the amount of leave you get. Therefore any changes in paid leave are regardless of days worked. So whether you work that day or not, the same leave has to be pro ratad.

KiKi

paulmapp8306

Ultimately this is extra paid holidays. The bank holiday thing has nothing to do with this situation as thats a statutory requirement.

Its not different from one employee negotiating more holidays in his contract compared to another employee. Theres no issue unless stautory minimums are not being met.

In this case its a bonus - and its not Part time workers being desriminated against. If a part time worker WAS due to work on the monday - they would get the day off paid as well.

paulmapp8306

* What the employer here is effectivly doing is NOT giving people extra leave. What they are doing is deciding its not cost effective to open for a single day so elect to close. Because its their choice everyone who would be working on that day is being forced to take a day off - so being paid in liue.

So - to sum up its NOT paid holiday to be split pro-rata - its paid work but "dont bother coming into work".

If the Op were given an extra days holiday as in the pro-rata agreement, they could take it whenever. In tis case all other employees are desciminted against because they have no choice when that extra day is taken.

Uncertain

paulmapp8306 wrote: »

The bank holiday thing has nothing to do with this situation as thats a statutory requirement.

No it is not.

There is nothing statutory at all about bank holidays. A full time employee simply has a right to at least 28 days paid leave a year, pro rata for part time. Often firms treat this "four weeks plus the eight bank holidays" but that is their choice. An employer can dictate when you must take your leave and there is no legal right to have any bank holiday off, even Christmas Day.

System

paulmapp8306 wrote: »

* What the employer here is effectivly doing is NOT giving people extra leave. What they are doing is deciding its not cost effective to open for a single day so elect to close. Because its their choice everyone who would be working on that day is being forced to take a day off - so being paid in liue.

So - to sum up its NOT paid holiday to be split pro-rata - its paid work but "dont bother coming into work".

If the Op were given an extra days holiday as in the pro-rata agreement, they could take it whenever. In tis case all other employees are desciminted against because they have no choice when that extra day is taken.

I agree. It is no different to an employer not opening during bad weather. The people who would have been working that day are entitled to be paid but not those who weren't.
If he wished then he could just send them home as they arrive in the morning. It is exactly the same and the OP would still not be entitled to anything.

It has absolutely nothing to do with annual leave or bank holidays.