Holiday Entitlement

Rollymo70

Please can someone clarify if I am wrong!! I have already spoken to Acas who have told me to check my contract, which I have done and I am still not clearer lol.
Working part 3 days a week in my contract it states a full time employee gets 24 days plus Bank Holidays and a part time worker gets pro rata.
Contract does not say that holiday will be used for Bank Holidays or set days.
My employer gives me 19.2 days but takes away the Bank Holidays so I end up with 11 days to take in my own time..
We don't open on Bank Holidays.
I always thought part time workers should be treated the same?
All full time staff get paid Bank Holidays plus the 24 days. Is this correct?
Thanks

General_Grant

Rollymo70 said:

Please can someone clarify if I am wrong!! I have already spoken to Acas who have told me to check my contract, which I have done and I am still not clearer lol.
Working part 3 days a week in my contract it states a full time employee gets 24 days plus Bank Holidays and a part time worker gets pro rata.
Contract does not say that holiday will be used for Bank Holidays or set days.
My employer gives me 19.2 days but takes away the Bank Holidays so I end up with 11 days to take in my own time..
We don't open on Bank Holidays.
I always thought part time workers should be treated the same?
All full time staff get paid Bank Holidays plus the 24 days. Is this correct?
Thanks

If full-time staff have 24 days plus BHs then their entitlement is 24 + 8 = 32
If each of your 3 days are of equal length then your entitlement is 32 / 5 x 3 = 19.2 days (this could be rounded up but not down and could be converted to hours).  So they have calculated the actual entitlement properly.
However, as you don't work on 2 days a week, are any days on which a bank holiday falls?  If so, then they can deduct the bank holiday but if you would not normally work on the bank holiday they cannot deduct it.  If they did, that would be treating a part-timer less favourably than a full-time member of staff because your actual holiday would not be pro rata to theirs.

Undervalued

Rollymo70 said:

Please can someone clarify if I am wrong!! I have already spoken to Acas who have told me to check my contract, which I have done and I am still not clearer lol.
Working part 3 days a week in my contract it states a full time employee gets 24 days plus Bank Holidays and a part time worker gets pro rata.
Contract does not say that holiday will be used for Bank Holidays or set days.
My employer gives me 19.2 days but takes away the Bank Holidays so I end up with 11 days to take in my own time..
We don't open on Bank Holidays.
I always thought part time workers should be treated the same?
All full time staff get paid Bank Holidays plus the 24 days. Is this correct?
Thanks

It is unlawful to treat somebody differently simply because they are part time. The can of course be treated differently for other reasons.
There is nothing special about bank holidays in employment law. So, if the firm is shut then they are simply telling you to use a day of your annual leave, as it their right.
So, a full time person gets a total of 32 days leave ( 24 + 8 BHs, which is four more than the statutory minimum). Unless there is a valid reason for you to get less (obviously pro rata) you should get three fifths of 32 which is 19.2.

So, your employer is correct.