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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual situation
you find yourself in. The information posted on this site is for general
information only, is based on |
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Question: |
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Answer: |
Bank Holidays and Part Timers: Under the Working Time Regulations 1998, all workers have the
right to 5.6 weeks paid holiday per annum including bank holidays. For
someone working Monday to Friday, this equates to 28 days a year including
bank holidays. For a part timer, take the number of days worked per week, and
multiply that by 5.6. For example, someone working a 3 day week will be
entitled to 16.8 days paid holiday per annum including any bank holidays. If you calculate holiday entitlement for part timers as
5.6 weeks including bank holiday days, whether or not someone actually works
a Monday should make no difference to their overall entitlement. In McMenemy v Capita Business Services Ltd 2006 the
EAT had to consider whether part-time employees who do not work on
Mondays are entitled to a pro rata apportionment of extra time off in
respect of Bank Holidays which always fall on a Monday. Mr McMenemy brought a
claim under the Part Time Workers Regs. As it happened though, Capita carried
on seven days a week (rather than the normal Monday to Friday). The EAT
agreed that Mr McMenemy was worse off, but said it was nothing to do with his
being a part timer as such and on the facts full-timers who worked five days
a week excluding Mondays also did not receive time off for those Bank
Holidays. In other words the decision does
not help the majority of organisations whose working week is Monday to
Friday. One approach to this: ·
Calculate the total number of days
holiday a full-timer gets including public holidays (ie 20 contractual
days plus 8 bank holidays = 28 days) ·
Then calculate the pro rata entitlement
for part-timers (ie 60% of 28 days = 17 days) ·
Notify the part timer of his/her total
paid holiday including public holidays (ie 17) ·
Inform the part timer that if his
normal working day is a bank holiday, he must take a days leave on
that date, otherwise he can choose when to take it. In this manner (arguably) a part
timer is no better or worse off than a full timer, and a part timer who
happens to work Mondays does not cash in compared to someone who does not
work Mondays. See our page on the Part Time Worker Regulations Last reviewed: July 2010 |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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