Frequently asked questions: Part-timers and holidays
May 19, 2011
One of the questions that we get asked most often, by employers and employees, is how best to deal with Bank Holidays where employees work part-time.
It is unlawful to treat a part-time worker less favourably than their full-time equivalent (unless the difference in treatment can be justified). In most cases, this means that the part-time worker should be given the same holiday entitlement, but adjusted to take account of their hours. Holiday entitlement, for this purpose, includes Bank Holidays, if the employer allows full-time employees to have the day off.
Worked Example
Mike is a full-time employee, working 40 hours a week. He is entitled to 24 days’ holiday plus eight Bank Holidays.
Casey is a part-time employee. She works 5 hours a day, 4 days a week. She has asked what her holiday entitlement is.
To calculate Casey’s entitlement we need to carry out the following calculation:
(Casey’s weekly hours ÷ full-timer’s weekly hours) x full-time entitlement (including Bank Holidays) in hours
So, using the information above, this works out as:
(20 ÷ 40) x 256 = 128 hours’ leave
It may be easier to express the leave as being 25 days and 3 hours. The leave is inclusive of Casey’s Bank Holiday entitlement. Her employer will need to make it clear that if a Bank Holiday falls on a day when she would normally be at work, she would be expected to use one day (i.e. 5 hours) of her holiday entitlement for that day. If the Bank Holiday falls on a day when she would not be at work, her holiday entitlement is unaffected.
The example above gives the most common approach taken in relation to holiday entitlement for part-timers. It is not the only approach – the most important thing is that part-timers are not treated less favourably than comparable full-timers.
If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243) 836840 or enquiries@pureemploymentlaw.co.uk)