PT holiday confusion

Jaffakake

Hi, 
Looking for a bit of advice as I think my new employer’s method of dealing with holidays for part time workers is unfavourable and therefore illegal. 

I’ve recently moved back into the private sector having been in the public for many years, so interested if this a view I have due to working in that sector or if it is indeed unfair.

 I’m working 4 1/2 days a week, 33.75hrs. I work a short day on a Tue and Fri 9:00 - 15:00.

 The company standard is 37.5 worked Mon - Thu 8:30 - 5:00 & Fri 8:30 - 15:45 with 45 mins for lunch. 

I’ve been allocated pro rata holidays. However, when I book a day off, I am deducted 7.5 hrs regardless of whether I book a short day off or not. So, in effect my holiday allowance doesn’t go as far as it should.

This feels unfair, is it?

TheSpiddalKid

There isn't a specific or general legal concept of not treating all employees the same or not treating any employees unfairly, which can be quoted as a way to force your employer to change their way of apportioning holidays. That being said, this one has a few different legal arguments which could be forwarded..

Firstly, what is the overall full-time entitlement to annual leave (including bank holidays) it is at or more than 28 days and does the method of apportioning holidays result in you getting less than 28 days (pro-rata).

Secondly, does the application of holiday come under less favourable treatment under part-time workers' regs? My view is this is unlikely on a technicality. The legal right is not to be treated less favourably in relation to T&Cs; the employer could argue the T&C'sin this case is the amount of holiday granted (number of hours/days), and in giving pro-rata amount, they are complying with their legal duty. They would argue that the apportionment of holidays falls outside the scope of 2003 Part Time worker regs.

Thirdly, could you argue that the above is indirect discrimination based on gender or disability? The 7.5 hours rule would be. PCP under the equality act that places women and disabled employees at a disadvantage as they are more likely to work part-time (you would need to be able to show you come within a protected characteristic to rely on this argument).

Undervalued

Jaffakake said:

Hi, 
Looking for a bit of advice as I think my new employer’s method of dealing with holidays for part time workers is unfavourable and therefore illegal. 

I’ve recently moved back into the private sector having been in the public for many years, so interested if this a view I have due to working in that sector or if it is indeed unfair.

 I’m working 4 1/2 days a week, 33.75hrs. I work a short day on a Tue and Fri 9:00 - 15:00.

 The company standard is 37.5 worked Mon - Thu 8:30 - 5:00 & Fri 8:30 - 15:45 with 45 mins for lunch. 

I’ve been allocated pro rata holidays. However, when I book a day off, I am deducted 7.5 hrs regardless of whether I book a short day off or not. So, in effect my holiday allowance doesn’t go as far as it should.

This feels unfair, is it?

But the standard company day is 7.75 hours worked, so by the same argument if you take one of those as holiday you gain slightly!

What happens if a full time employee takes a Friday as holiday? Does it still count a a full days holiday despite the shorter working day?

If it does then there is an argument to be made that both full time and part time staff are being treated in the same way.

Are there other part time people with different hours to your?

Also, how is a half day's holiday calculated (if they are allowed at all)?

Remember an employer can dictate when an employee must take their holiday, there is no legal right for an employee to be able to choose!

diystarter7

Hi Op

When you book a "short day off" do you get paid for the hours deducted?

Was the short day off agreed and how many hours was that. Where I worked it was either a full day or half day unless you had a business appointment, then it was counted as hours.

Have you consulted payroll as it may just be a misunderstanding?

Thanks

Jaffakake

Thanks all. I brought it up with my manager today and she thinks it’s a misunderstanding . 🤞🏻

Savvy_Sue

In this situation we'd probably calculate in hours for everyone. Then if anyone wanted a 'short' day off, they'd book the appropriate no. of hours