HR & Employment Law Insights

Helping family businesses, start-ups, charities, social enterprises, and other growing or established businesses throughout the UK make sense of HR and Employment Law challenges.

We get asked HR related questions every day and each week we will be sharing you our top question of the week that we have been asked here at The HR Booth.

In this weeks question of the week, Alistair discusses part-time employees entitlement to bank holidays.

ANSWER

If a part-time or shift-working employee is not scheduled to work on a bank holiday, are they entitled to an additional day’s holiday?

QUESTION

Your obligation to part-time workers must be considered under the Part-time Workers Regulations.  Under this legislation, part-time workers are entitled to the same terms as comparable full-time workers, but on a pro rata basis.

Any employer must ensure that a part-time employee receives his or her pro rated entitlement if bank holidays are included in the employee’s statutory minimum holiday entitlement, or if the employer grants an entitlement that exceeds the statutory minimum to its full-time workers.

To avoid treating a part-time employee less favourably than full-time employees, you should look at how many bank holidays the part-time employee will benefit from in light of the days of the week he or she works. If this results in a shortfall in the part-time employee’s entitlement to bank holidays you should allow him or her additional holiday in lieu to take at another time.

Part-time or shift-working employees who do not normally work on Mondays (when most bank holidays fall) would not benefit from as many bank holidays as other employees if they are not allowed time off in lieu.  However, for employers that operate a five-day-a-week business, it would be only part-time employees who would lose out on bank holidays, resulting in less favourable treatment, which could be unlawful under the Part-time Workers Regulations.

If you still have any questions on this please get in touch.