Part-timers Bank Holiday Entitlement

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Just read opening post, and I see that this employee has now left. Almost certainly better to pay her the amount she is asking for (as a goodwill gesture, so as to try not to create a precedent for other staff just yet).

Hi Martin
I think your note helps. Eileen - part timers should not be treated any differently full timers so the BH should be included in the pro rata calculation. If they receive 18 days for 3 days per week they should have a pro rata entitlement of the 8 days.
Therefore, I calculate it that your part timer would be entitled to 22.8 days which is based on full time equivalent of 30 days + 8 days BH. Therefore, as your employee works a Tuesday, Wed and Fri, she would get some entitlement.
Hope that helps.

Gareth,

Thanks for the offer. Could I ask you just to double-check at your end that you haven't inadvertently created an issue. Your previous post said "We only have a couple of part time workers and their contract states that they will be paid their 24 days holiday pro-rata based on the hours they work, and any bank holidays that fall on the days they normally work."

Your full timers will be fine, as they get 24 days plus 8 bank holidays.

However if your part-time people only work Tue Wed Thu (in 2010/2011) they won't get enough extra days - i.e. to increase 24 days (pro ratad) by at least four (pro ratad) bank holidays to give 28 (pro rata) inc bank hols?

Re Eileen's issue, it does appear that there is a disparity there.

The basic on holiday pay from www.direct.gov.uk:

How much holiday you get is normally set out in your contract of employment. The legal minimum holiday entitlement you are entitled to is 5.6 weeks, but this can mean different amounts depending on your working hours or working pattern.
Basic calculation

For a basic calculation of your leave allowance multiply the number of days you work a week by 5.6. For example, if you work a five day week you would be entitled to 28 day' annual leave a year:

5 days x 5.6 weeks = 28 days

For more complex holiday entitlement calculations you can use the employee holiday calculator on businesslink.gov.uk.

* Calculate your holiday entitlement Opens new window

Part-time workers

If you are a part-time worker, you are still entitled to 5.6 weeks' holiday – 5.6 of your normal working week. For example, if you work two days a week you would be entitled to 11.2 days' annual leave a year:

2 days x 5.6 weeks = 11.2 days

You should be treated no less favourably if you are a part-time worker than an equivalent full-timer. This means that if your employer gives extra days off to full-timers they may have to give extra time off to part-time workers as well.

* Part-time work

Agency workers

If you are an agency worker, you are entitled to the statutory minimum leave entitlement. Your agency must allow you to take your paid holidays.

* Using employment agencies

Casual or irregular working patterns

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues (that is accumulates) as hours are worked. The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:

5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent

The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:

12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes

The holiday entitlement is just over seven minutes for each hour worked.
Shift workers

If you are a shift worker your leave is calculated by using an average of your shifts over a 17 week period.

For example, if you always work four 12 hour shifts, followed by four days off (the ‘continental’ shift pattern) then the average working week is three-and-a-half 12 hour shifts. You would be entitled to 19.6 shifts of 12 hours as annual leave a year:

5.6 weeks x 3.5 shifts = 19.6 12 hour shifts

For other shift patterns, it may be easiest to calculate according to the established pattern of repeat.

* Working time - find out what counts as working time

* Calculate your holiday entitlement Opens new window

Term-time workers

If you only work term-time your holiday arrangements will depend on your contract of employment. If you work a reduced number of weeks during the year, you accrue a pro-rata entitlement to paid leave. You need to calculate how many hours a week you work on average over the whole year, then multiply this by the holiday allowance.

For example: your contract is for 40 hours a week for 40 weeks of the year, 40 x 40

Step one: multiply your weekly contracted hours by the number of weeks you work:

40 hours x 40 weeks = 1,600 working hours for the year

Step two: calculate the average hours you work each week by dividing your hours for the year by 46.4 (which is 52 weeks in the year minus the 5.6 weeks you would be on holiday and so not working to accrue annual leave):

1,600 hours divided by 46.4 weeks = 34.48 average hours a week

Step three: multiply your average working week by the holiday allowance:

34.48 hours x 5.6 weeks = 193.09 working hours' holiday allowance a year

Step four: if you want to convert this into holiday days, then divide again by the number of hours per day that you work.
Taking your leave

If you work your full 1,600 hours and take your holiday at other times (eg during school holidays) you accrue holiday on the whole 1,600 hours which equals 193.09 hours.

If your contract of employment requires you to take your holiday during term-time, you accrue holiday on the weeks (or hours) you actually work.

Hi Phil
Sorry if I've confused you, just to clarify, full-timers currently receive 30 days annual leave, plus the 8 days that the company closes on Bank Holidays, making a toal of 38 days in all. The part-timer received 18 days annual leave, and, and she worked, Tues, Wed, Thursday, she didn't receive any additional days when the company was closed on Bank Holidays, unless Xmas/New fell on her working days. Therefore, I believe that not only was she treated less fairly than full-timers, she was also treated less fairly than other part-timers who worked Monday and/or Fridays.
I think whoever wrote the main terms and conditions was either ignorant of the EU regulations, or was aware of them but hoped the staff were not. I think they thought that just inserting "There will be no additional entitlement for Bank Holidays which fall on your non-working days." in her Main Terms and Conditions covered them.

Hi Eileen, When I was referring to renaming the days, that was to change the mindset, which, after reading your comment above, may have helped the management write a fairer policy in the first place.

I may be reading it wrong, but it appears that for some you give 38 days, and some 30 days pro-rata?

And Thanks James, correct wording of a contract, or statement of particulars, is important IMO, as it helps to remove doubt and confusion.

Hi James, In the individual Statement of Main Terms and Conditions, it says:
"Your holiday entitlement will be 30 days pro rata per holiday year, this equates to 18 days per annum. There will be no additional entitlement for Bank Holidays which fall on your non-working days." This part-timer worked Tues, Wed, Thurs, so unless Xmas and New Year fell on one of these days, she got NO additional days off.
All full-time employees receive 30 days annual leave, plus they get 8 days when the company is closed on Bank Holidays, despite us stating that there is no automatic right to Bank Holidays. I did not have anything to do with drafting the Main Terms & Conditions, and they just seem a nonsense to me. I have had a quick look at the regulations you cited regarding part-time workers and it seems to me that the part-timer is correct, because no matter what we call the extra 8 days, the fact is, we are giving them to full-timers, so I think we are breaking the law.
5. (1) of the Part-Time Workers (Prevention of Less Favourable Treatment) Legislation states:
A part-time worker has the right not be be treated by his employer less favourably than the employer treat a comparable full-time worker."
In addition to being treated less favourably than full-timers, she was the only part-timer who didn't work on Monday or Friday, so she never got Bank Holiday Mondays or Good Fridays.

Our part timers work 19.5 hours and 21 hours so get a pro rata based entitlement. We have a fixed closure at Christmas so hours are set asside for this period. Happy to share a bottle of malt with you anytime James.

Gareth,

Aren't you then in breach of the Working Time Regulations, as your Wednesday and Thursday employee would only get two fifths of 24 days (i.e. 9.6 days, which should be rounded to 10), which for the 2010/2011 holiday year sees them getting no days at Christmas (Mon 27th, Tue 28th Dec 2010, Mon 3rd Jan 2011)..... whereas this person is surely entitled under statute to two fifths of 28 days (11.2 days, which should be rounded to 12)?

Before sending me a bottle of single malt for saving your company's hide, please wait for someone else to either agree with me or say that I'm wrong (mmm a 25 year old irish single malt would go down very nicely indeed at this end).

We only have a couple of part time workers and their contract states that they will be paid their 24 days holiday pro-rata based on the hours they work, and any bank holidays that fall on the days they normally work. i.e. the one who works on a Monday gets any bank holidays that fall on a Monday paid, and the one who does not work Mondays, doesn't get paid for Monday bank holidays as they would not be at work anyway.

First of all to correct my previous message, I did of course mean to say "12 company closure days".

Eileen,

I am slightly confused by "despite the fact that our terms and conditions state quite clearly that there is no automatic entitlement to Bank Holidays, no matter what we call the 8 days off we give to full-timers, in addition to the 30 days annual leave". Are you saying:
-that your full time staff have no entitlement to paid bank hols?
-that you give your full timers 30+8 (38) days paid leave per year?
-that while you aren't contractually obliged to pay your F/T staff for bank hols, that in reality you do do so?

In all honesty, I think someone more competent than myself needs to sit down with you and review your current contracts and policies. If nothing else, you appear to be giving away a lot more holiday entitlement than you need to (which can be changed, by following the right process).

Your worker is on the face of it correct, that European law does indeed exist - in the UK this is the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (with a 2002 amendment I believe). May I suggest you read around this online, as from the way I read your message, you may indeed have inadvertently created yourself an issue.

Does this all mean that despite the fact that our terms and conditions state quite clearly that there is no automatic entitlement to Bank Holidays, no matter what we call the 8 days off we give to full-timers, in addition to the 30 days annual leave we would have to give the part-timer pro-rata time? In other words, as she worked 3 days per week, she would be entitled to 3/5ths (4.8days)? She has cited European law that she says is designed to ensure that part-time workers are not treated less fairly than full-time workers

Phil - I like your free choice and company closure methodology. I will remember that for the future.

Many companies may well have 12 free choice days if they do a full shut down over Christmas.

I can however see an issue where one part-time person does mon and fri, and another does tue and thur, and the former complains that she has less free choice days than everyone else - as per 28 days is pro rata-d to 11 days (two fifths), and at least seven of those days are company closure days leaving only four free choice days, whereas the latter person will only have two CC days and nine FC. Anyone care to comment upon this?

Damn these false public holidays.

There is no statutory right to paid bank holidays in this country, and all staff must be treated equally.

If you recategorise your holidays into free choice days (days they choose) and company closure (CC) days (which would be Bank Holidays normally - 8 I think?) it may help.

30 + 8 = 38, of which 8 are CC days, that is still an entitlement of 38 days, which can be calculated pro-rata.

If the part-timers are already paid for all of their pro-rata entitlement then there shouldn't be a problem.

My company gives 30 days annual leave plus Bank Holidays to full-timers. How does this effect part-timers entitlement to Bank Holiday pay?

Eileen - if your company includes pays bank holidays as part of the 28 days holiday that your full staff are entitled to then you must also give part timers that entitlement pro rata. In other words your part timers cannot get less than their pro rata entitlement to 28 days. It is a statutory right and you cannot take it away.

A part-time member of staff has just left the company and is asking for a pro-rata entitlement of Bank Holidays to be added to her holiday entitlement. She is quoting the following from the Direct.Gov website as justification.
"If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day."
The company handbook makes it clear that we will not pay pro-rata Bank Holidays to part-timers. Is it mandatory or do we still have a right to say no? What specific legislation covers this for me to quote?