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.
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 [email protected])