Bank Holidays and Part Time Workers

Hi!

Just joined and first time posting here - hello all.

I have query relating to bank holidays and part time workers that I'm hoping someone can help?

We are looking to hire a part time worker in a small company.

Working days: 3 days per week.  Normal pattern: Mon, Wed and Fri.

The business is closed on bank/ public holidays and all full time workers get this as a paid day off.  By virtue of the part time working pattern, this would mean the part time worker wont be working on any of the bank/ public holidays that fall on a Monday or Friday. However, the MD would like the part time worker to come in a different day on the weeks that the bank/ public holidays fall but without extra pay or additional holiday entitlement, i.e. Tue, Wed, Fri.

Can this be facilitated? How would you word the contract surrounding working pattern/ holiday entitlement. Is there an element of discrimination as the full time workers all get paid bank holidays?

The sometimes complex nature surrounding this area has caused brain freeze, any advice would be most appreciated! 

Thanks in advance

C

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Replies

  • Hi there

    That is discrimintation unfortunately as you're denying them of a paid holiday that would ordinarly fall on their working day plus all others who work on the same days as the part time employee would get that paid bank holiday. You can have a flexible working pattern for part timers providing it is clearly stated in their contract, but not so you boycott bank holidays. 

    Those who work full time (eg 5 days a week) are entitled to full company holiday and to all bank holidays. Those who work part time are entitled on a pro rata basis according to the amount of days worked.

    To calculate annual leave: (full holiday amount) / (full time days worked a week) x (part time days worked a week) =  (30 / 5 x 3) = 18 holiday days
    To calcualte bank holidays: (full bank holiday amount) / (full time days worked a week) x (part time days worked a week) =  (8 / 5 x 3) = 4.8 bank holiday days

    To ensure we don't discriminate we total the full holiday and bank holiday entitlement using the above calculations, add that to employee's holiday portal and then we book off bank holidays that fall on their working pattern so it comes out of their allowance. If you don't take it from their allowance, and they work Monday's for example, that individual would get all the Monday bank holidays off plus the 4.8 calculated days.

    Part time worker rights and calculations do get so complicated sometimes but hope that helps, sorry to be so late to the thread!

  • Hi 

    To make sure we are treating employees fairly, we have implemented pro-rota bank holidays depending on the number of days you work each week.  

    i.e. A employee who works full time (5 day week Mon - Fri) receives 8 bank holidays, therefore an employee who works 3 days each week receives 5 days bank holidays (8 divide by 5 x 3 = 4.8 rounded up to 5) any days that the organisation is closed due to bank holiday is deducted from an emloyees entitlement until it is used. After that we give the option to come in an and work an extra day and still do 3 that week or use a days holiday. We also add days to an employees entitlement if the work Tuesday, Wednesday and Thursday.

    Hope this helps

     

     

     

  • Hi, 

    I can't say for absolutely sure* but I would think that yes, this would be some kind of discrimination against the part time worker, who should absolutely have the same rights as a full time worker. Unfortunately if you want the part time worker to work Mondays and Fridays, they will need to have these days off as paid bank holidays, just like everyone else. Is it possible to change the working days to Mon-Weds, or Mon, Tues and Thurs? 

    *A friend of mine had the same Mon, Weds, Fri working pattern in her previous job and she heard grumbles from certain members of the board that she got bank holidays off, meaning she hardly seemed to work in bank holiday weeks. So i'm fairly sure that it's a legal requirement. As an aside, facing that kind of attitude at work made her feel as though she was less valued than full-time team members and as though the senior management felt that she wasn't pulling her weight. It was just one of the reasons she decided to leave.  

    Best wishes, 

    Chrissy

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