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kate martin
Member - 2 posts
we are a consultancy company with 5 full time employees. We have just offered a part time position for an office assistant. Naturally her entitlements will be slightly different to our full timers.
1. full time employees are entitled to 30 days (plus bank holidays) annual leave per year. Our new recruit will be working @ 17 hrs per week. How much holiday entitlement would she recieve.
2. the new recruit will be working 3 days per week - should a bank holiday fall on one of her working days, what does the law state
3. We would like to offer a salary of 10.5k, how much would this be pro-rata
with thanks kate
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Alan Masson
Member - 5 posts
The answers to your questions depend upon how long a working week is. If it is 35 hours, your new employee should be entitled to:-
1) 17/35ths of 30 days holiday rounded up.
2) On the same basis, look at the number of bank holidays that fall on her working days and the number that do not and prorate them to ensure that she gets about half of them.
3). First question is, whether this is the salary for the job. If no one else is doing the same job full-time, that is fine but if there is someone doing the same job, you will need to either consider using that person's salary as the base salary for the new job or be able to show distinct and objective differences between the two roles, other than that one is part-time. If you do use a salary of £10.5K, the pro-rated amount again depends upon the number of hours worked by a full-time employee. If the figure is 35, the pre-rated salary would be £5,100 (£10,500 x 17/35).
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Lynne Burns - Vizards Tweedie
Online advisor - 5 posts
1. Pro-Rata Holiday
Part-time employees are entitled to minimum statutory annual leave and should have the same leave entitlements pro-rata as full-time colleagues.
If a full-time employee receives 30 days holiday per year working 37½ hours per week, a part time employee working 17 hours per week would receive 14 days holiday per year:
? The hours worked by the part-time employee as a percentage of the hours worked by the full-time employee:
17/37.5 x 100 = 45.3%
? The part-time employee is therefore entitled to 45.3% of the holiday of the full-time employee:
30 days holiday x 45.3% = 13.59 (rounded up to 14 days)
2. Bank Holidays
The difficulty arises since a part-time employee must not be treated less favourably than a full-time employee.
If the bank holiday falls on a working day, the part-time employee should be treated the same as a full-time employee and if they are given time off, the part-time employee should also get time off.
If a bank holiday falls on a day when they are not working (e.g. if the employee does not work Mondays (the most common bank holiday)), they should be given extra leave pro-rata to the number of bank holidays missed in order to ensure they are not treated less favourably. Based on the worker not working Monday?s, the extra leave would be calculated as follows:
9 days bank holiday x 45.3% (see above calculation) = 4.077 (rounded up to 4 days)
3. Salary
Again, part-time employees must not be treated less favourable. Therefore, as long as the full-time employees in a similar post are paid £10,500 per annum, the salary for the part-time employee working only 17 hours per week would be £4,756.50.
£10,500 x 45.3% = £4,756.50
Hope this helps,
Lynne Burns
Orchard Solicitors
020 7246 6127
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