bank holiday entitlement

[nospam]

Hello,

I understand that laws introduced to prevent discrimination against part-time workers mean that where full time workers get paid bank holidays, part-timers are entitled to a pro rata payment or time in lieu.

Am I right to think that this means:

If a full time person works Monday to Friday, eight hours per day, this totals forty hours per week. He gets eight hours paid leave on the bank holiday. This is 8/40=20% of his contracted hours

So id a part timer works say half Wednesday and all day Thursday and Friday to total 20 hours per week would it be that they would be entitled to 20% of their hours = 4hours in payment or in lieu for the bank holiday, even though they do not work Mondays?

If so, that's all well and good but what happens when the part-timer works a couple of hours on the Monday but many more hours later in the week? Say that they work three hours on a Monday but eight hours on Wednesday, Thursday, Friday. Would they be paid three hours for a bank holiday because those are the hours they wok on a Monday usually? Or would they be entitled to 20% of their total hours which would be 27 *

0.2 = 5.4 hours?

I know of a well-known supermarket that only pays what you work on a Monday and if you don't work on Monday you get nothing and this cannot be right.

Thanks in advance for your help.

[mike]

I do not think you are entitled to pro-rata Bank Holidays:

The Working Time Regulations 1998 give almost every worker the right to four weeks paid holiday per year, or proportionally for part of a year. A full time worker who works 5 days a week will thus be entitled to a minimum of 20 paid days holiday per year (he may of course be entitled to more than this statutory minimum under the terms of his contract). Under the regulations a worker has no right to carry untaken holiday forward to the next year.

Legally, this 20 days includes bank and public holidays taken off work (see Holidays/public and bank holidays ). Neither the EC directive nor the UK regulations made to implement it cover bank and public holidays. Legally the right to take bank and public holidays therefore continues generally to be a matter for agreement between employers and their employees. As there are 8 bank and public holidays in England, the effect is that if bank and public holidays are taken as days off work the legal entitlement to annual holiday is only 12 days. However there are current proposals to increase the minimum number of days of paid holiday to 28 (see notes at Holidays/2007 proposals ).

Re the 2007 changes : There is no statutory right to time off on bank and public holidays, with or without pay

[Brian Sharrock]

IIRC; the entitlement is for four _weeks_ of holiday. It a worker is contracted to work, four five, days per week; then they still get four _weeks_ off, not sixteen or twenty _days_ off. IMany employees for pay-roll and holiday-accrual policy translate this into hours-off entitlement- but it isn't the law.

That should be read the _four weeks_ include bank and public holidays .....

[nospam]

Hello,

I wondered why this hadn't appeared in uk.legal.moderated! I apologise that I have inadvertently sent it to the wrong group. Thanks for the replies though.

The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations came into force on 1st July 2000 and it is the implication of these that I was enquiring about.

I'll post in the right group and I hope you can help me there. Sorry for the off-topic post.

[Dave Plowman (News)]

I'm a freelance and take contracts that include bank holidays. We always get them 'off' but make up the lost time somewhere else in the contract period. Statutory holiday pay is included, though.