Part time bank holiday entitlement

getmore4less

sangie595 wrote: »

No it isn't nonsense. If the OP has worked Monday - Thursday and been paid exactly the same wage as a week without bank holidays, they have been overpaid for the bank holiday! However the employer calculates holiday, they are entitled to 4/5ths of the full time holiday, whether annually, or monthly, or weekly, or daily, or hourly! If you work every Monday, but only part-time weekly, then you are entitled to a reduced amount of that public holiday in proportion to your part-time hours - just as if you don't work on a Friday you are entitled to a proportion of that days holiday even though it isn't a working day. However the employer works out leave, that is the basis of all calculations - you are only entitled to a proportion if you are part-time. So if the OP has been paid in full for Mondays, as if a full-time employee, then they either owe hours or pay back to the employer.

This is a serious basic misunderstanding of how holiday is accrued and how holiday pay is worked out.

Look up the employment acts and a weeks pay and how that is applied to holidays in the WTR.

A weeks holiday always gets a weeks pay, a days holiday a days pay.

Giggidy

Just had a word with HR, and they agreed to me having the extra 1.4 days off. Although he did say it was discretionary whether the company gives you those extra days???

getmore4less

Giggidy wrote: »

Just had a word with HR, and they agreed to me having the extra 1.4 days off. Although he did say it was discretionary whether the company gives you those extra days???

They need a very polite reminder that they are not discretionary but statutory and have been for some time point them at the working time regulations.

You could also ask them to point out where in your contract the bank holidays are discretionary for your future reference to avoid any confusion in the future.

Giggidy

Thank you getmore4less! Was a bit peeved that HR were making out like they are doing me a favour, and have also said, obviously dont mention it to others! There arent any other part timers but still think thats a bit cheeky if its supposed to be statutory!