ChatterBank2 mins ago
Bank Holiday Entitlement
If offered a 3 days a week job which has x number of days entitlement PLUS 8 days public/bank holidays, where do you stand if you work Tues to Thurs regarding the bank holidays as they mainly fall on a Monday?
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You get 3/5ths of the total entitlement (including the 8 bank holidays) of a full timer.
So if, for example, a full timer gets 22 days +8 bank holidays = 30 days, you'll get 3/5ths of that, which is 18 days. If a bank holiday falls on a Tuesday, Wednesday or Friday and you get that day off then that will count as 1 of your 18 holidays. When a bank holiday falls on a Monday or Friday nothing happens as you don't work Mondays or Fridays anyway.
So if, for example, a full timer gets 22 days +8 bank holidays = 30 days, you'll get 3/5ths of that, which is 18 days. If a bank holiday falls on a Tuesday, Wednesday or Friday and you get that day off then that will count as 1 of your 18 holidays. When a bank holiday falls on a Monday or Friday nothing happens as you don't work Mondays or Fridays anyway.
There are two separate pieces of legislation that apply here. Firstly, the Working Time Regulations give no special treatment to public holidays. As long as you get a total of (3 x 5.6 = ) 16.8 days paid holiday per year, those Regulations have been complied with.
However the Part-time Workers (Prevention of Less Favourable Treatment) Regulations state that you must be treated in the same way as full-time employees. So, if full-time employees (working 5 or 6 days per week) get the minimum number of statutory days paid holiday (28) PLUS 8 public holidays, then you should be given 16.8 days (as above) PLUS 0.6 x 8 = 4.8 days in lieu of public holidays = 21.6 days in total.
However the Part-time Workers (Prevention of Less Favourable Treatment) Regulations state that you must be treated in the same way as full-time employees. So, if full-time employees (working 5 or 6 days per week) get the minimum number of statutory days paid holiday (28) PLUS 8 public holidays, then you should be given 16.8 days (as above) PLUS 0.6 x 8 = 4.8 days in lieu of public holidays = 21.6 days in total.
F-F's example has a flaw in it:
If a full-time employee got a total of 30 days holiday (irrespective of the basis upon which it was worked out), that would be their statutory allowance of 28 days plus 2 discretionary days. A part-time worker would therefore get 16.8 days (as above) plus 0.6 x 2 = 1.2 days, giving a total of 18 days.
If a full-time employee got a total of 30 days holiday (irrespective of the basis upon which it was worked out), that would be their statutory allowance of 28 days plus 2 discretionary days. A part-time worker would therefore get 16.8 days (as above) plus 0.6 x 2 = 1.2 days, giving a total of 18 days.
>>>The 5.6 weeks statutory minimum mentioned by Buenchico would include any public holidays that are
Yes, when doing the sums it's important to remember that the law only looks at the TOTAL number of days paid holiday per year, NOT when they occur. As I stated above, public holidays have no special place in employment law. (If, for example, an employee normally works on Wednesdays, their employer has every right to expect them to work, at their normal rate of pay, on Christmas Day).
Yes, when doing the sums it's important to remember that the law only looks at the TOTAL number of days paid holiday per year, NOT when they occur. As I stated above, public holidays have no special place in employment law. (If, for example, an employee normally works on Wednesdays, their employer has every right to expect them to work, at their normal rate of pay, on Christmas Day).
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