bank holidays

[crapmemory]

My friend is employed to work in an office Tuesday to Saturday. Is he entitled to a day off in lieu when it is a bank holiday Monday?

[CheekyChops]

You've answered your own question there. If he only works tuesday till friday, then how is he worth Mondays off? He doesn't work mondays!

[BenDToy]

No!

[NiceCupOfTea]

I work part time, Tuesdays, Wednesdays and Thursdays. I get time of in lieu as it means everyone else would get a day off and not me as we get annual leave and Bank Holidays on top of that.

Having said that, employers work differently. By law you are entitled to 20(?) paid annual leave days. Your employer can include Bank Holidays as part of this entitlement. If this is the case with your friend's place of work, it just means he hasn't used up a day of leave whereas everyone else has. If the employer gives leave and also bank holidays off like mine does, then he is entitled to a day off in lieu as otherwise it means everyone else got an extra day off except him.

[crapmemory]

Well Cheekychops, I assume you don't work weekends but if Christmas was on a weekend you would get the time off in lieu!

[scoobydooby]

By law, your friend is entiltled to his/her entitlement of Public Holidays pro-rata. If a full-timer's entitlement to a Public Holiday equates to one fifth of their contracted hours (i.e, they work five days a week and when a Public Holiday comes along it's just for one day - then it's one fifth of their hours), then the part-timer is entitled to the same. So, if your friend works Tues to Sat (full time), then he/she is entitled to a day in lieu. If, however, he/she works Tues to Sat @ 5 hours per day (for example), then his/her contracted hours are 25. He/she would then be entitled to 5 hours worth of time off for the Public Holiday. This is covered by employment law - 1994 legislation (or thereabouts). Employers often pay this by way of giving time off on a card to be taken at a later date, OR pay an additional 5 hours in that month's wages. Why do people answer questions when they clearly don't have a clue what the correct answer is??????

[Panic Button]

Unfortunately Scooby, you are incorrect and NiceCup has it right. You are not entitled to bank holidays off in law.

I should know. My employer doesn't give them,

[Panic Button]

What was that you were saying about not answering questions?

[scoobydooby]

Morning Panic Button. If your employer is allowing others to have Public Holiday entitlement (whether as part of, or in addition, to leave entitlement) then ALL employees must be given the same - regardless of which days they work or number of hours. I don't think crapmemory would be asking this question if no-one in the office got Public Holidays. I could be wrong but I think the question has been asked because staff who do work Mondays are having the day off, whereas the friend doesn't benefit through working Tuesdays to Saturdays. If this is the case, then the company could very well find themselves up against an ET at some point. Perhaps crapmemory could elaborate on the question?? My point about not answering questions wasn't aimed at NiceCup - we can all see for ourselves which answers are sensible and which aren't :o)

[CheekyChops]

crapmemory, I do work weekends but I don't work Mondays. Christmas is on a Monday this year and I'm not getting any time off in lieu and never have in all the years I have worked there. Same goes for other bank holidays. Maybe I've just got a crap boss.

[Panic Button]

Point taken Scooby.

I'm glad we clarified it because I imagine NiceCup was feeling a bit put down

[crapmemory]

Scoobydoo, you are exactly right! All the people in my office who work Monday-Friday get Bank holiday Mondays off, but the ones who work Tuesday-Saturday don't!

[NiceCupOfTea]

I wasn't in the least bit feeling put down, but thank you all anyway. If I'd given a naff answer, then it'd be my own fault and I'd hang my head in shame and take on board any info sent my way. Happy Christmas all (and sorry, for all those working today, but I'm off until next Tuesday!!!!!)

[Memore]

part time workers are entitled to the same as full time workers in the same organisation so I think Scooby is correct and that they are entitled to pro-rata time off for the bank holidays otherwise they can be in breach of part time workers regulations also the law is changing and annual leave will be a minimum of 20 days plus bank holidays.