Holiday Entitlement

getmore4less

The next move is likely a Grievence that you are not getting a statutory holidays under the part time regs.

Then an ET if they don't budge after exhausting the company process.

If you think thye may then get rid of you, you need enough evidence to support a dismissed for trying to exercise a statutory right claim..

eym

Send an email like the one I sent to my HR manager when the issue arose for me:

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 prohibit an employer treating part-time workers less favourably in their contractual terms and conditions than comparable full-time workers, unless different treatment can be justified on objective grounds.

Under the above Act I am able to request that you provide a written statement of reasons for the different treatment within 21 days, so would like to do this please.

I hope you have better luck than me though. Despite working for a reasonably large, publicly funded organisation, I got nowhere. I was told that my employers didn't care if it was unfair and unlawful, unless I was willing to go to an employment tribunal they wouldn't change anything!

New_Day

Thanks Eym,

I have sent an e-mail though not as strongly worded.

I pointed out the 2 different scenarios of some-one who works Mondays and Fridays and some-one who doesn't work either of those days to illustrate the difference in what they would get using her method.

I then pointed out the part-time 2000 act and explained I was not asking for bank holidays on top of my 13.2 days and that any bank holidays would be taken off this entitlement.

I will wait to see what her response is when I get into work tomorrow. Can't believe how stressful this is getting - I am only asking for my legal entitlement!!!

Pricivius

Whilst the pro-rating calculation that several posters have referred to is seen as the fairest way of solving the PT v FT public holiday issue, recent case law has suggested that there are limited circumstances where an employer can justify only giving a public holiday as paid leave where it is an ordinary working day for the employee. The most obvious example would be where the company operates 7 days a week. If a FT employee works Tuesday through Saturday, they would also not receive paid holiday on public holidays which fall on a Monday and any claim for less favourable treatment under the PT Workers Regs would struggle.

The relevant case is McMenemy v Capita.

getmore4less

Pricivius wrote: »

Whilst the pro-rating calculation that several posters have referred to is seen as the fairest way of solving the PT v FT public holiday issue, recent case law has suggested that there are limited circumstances where an employer can justify only giving a public holiday as paid leave where it is an ordinary working day for the employee. The most obvious example would be where the company operates 7 days a week. If a FT employee works Tuesday through Saturday, they would also not receive paid holiday on public holidays which fall on a Monday and any claim for less favourable treatment under the PT Workers Regs would struggle.

The relevant case is McMenemy v Capita.

I think they would still have to prorata a minimum of 5.6 weeks

the case was 2007 when stautory holidays were 4.8weeks it does not say what the standard holidays were
http://www.bailii.org/scot/cases/ScotCS/2007/CSIH_25.html

Pricivius

getmore4less wrote: »

I think they would still have to prorata a minimum of 5.6 weeks

the case was 2007 when stautory holidays were 4.8weeks it does not say what the standard holidays were
http://www.bailii.org/scot/cases/ScotCS/2007/CSIH_25.html

I take your point regarding the 5.6 weeks so the OP should be entitled to 11.2 days annual leave if the employer can justify the treatment.

OP - is your employer running a 7 days-a-week operation?

New_Day

Pricivius wrote: »

I take your point regarding the 5.6 weeks so the OP should be entitled to 11.2 days annual leave if the employer can justify the treatment.

OP - is your employer running a 7 days-a-week operation?

No. It is quite a small company. Everyone else works full time on a five day week - Monday to Friday.

Hope I am right cos I've sent the e-mail now!

paddedjohn

Pricivius wrote: »

I take your point regarding the 5.6 weeks so the OP should be entitled to 11.2 days annual leave if the employer can justify the treatment.

OP - is your employer running a 7 days-a-week operation?

To comply with the rules of parity between part timers and full timers the OP should be given 6.6 weeks leave, the same as a full timer, which = 13.2 days holiday.

Pricivius

paddedjohn wrote: »

To comply with the rules of parity between part timers and full timers the OP should be given 6.6 weeks leave, the same as a full timer, which = 13.2 days holiday.

Please check out my previous post as there is case law which suggests this is not always the case - if the employer can justify the difference, as I stated.

New_Day

Thanks everyone,

Pricivius, Whilst I understand that there are exceptions to the rule, in my case, with all employees working Mon-Fri and getting 33 days inc bank holidays, I think Padded John is right and that I should get 2/5 of that, ie; 13.2 days.

I'm off to work now to find out if the battle is ongoing.

Will keep you posted!