The guidance and legislation regarding the position of part-time workers and paid bank holidays is not straightforward. In order to ensure that some of your part-time employees are not treated less favourably than other part-time or full-time workers, please see the guidance we have put together below:
What holidays are part-timers entitled to?
According to the Working Time Regulations 1998(SI 1998/1833) (WTR 1998) all employees are entitled to a minimum statutory holiday entitlement of 5.6 weeks’ paid leave per year. In terms of applying this to part-time workers, holiday entitlement should be calculated on a pro rata basis which would take account of the fact that part-time workers work fewer days per week on average than a full-time worker, and will therefore accrue proportionally fewer days’ paid holiday.
How does this apply to bank holidays?
An employer does not have to give staff paid time off for bank and public holidays -the holiday entitlement of 5.6 weeks annual leave may or may not include bank and public holidays according to employer discretion. It should be set out in both full-time and part-time employee’s contracts from the outset:
- their rights regarding time off on bank and public holidays
- their entitlement to pay or not on these days
- what the payment will be if they are required to work one of these days, whether it will be normal rate of pay or an enhanced rate, such as ‘time-and-a-half’ or ‘double time’.
It should be taken into account that if you allow an employee time off for bank and public holidays over a significant period of time, according to custom and practice this may become an implied term of their contract and so part of their contract of employment, despite not being an explicit term in their contract.
How does this apply to part-time employees who do not work Mondays?
If a part-time employee’s normal day off is a Monday then an employer could allow them a pro rata entitlement of days off in lieu based on the number of days they work as a form of best practice. If the employer decides not to do this then there is the possibility a part-time employee could claim they are being treated less favourably as a result of their status. However, in order to have a claim, the worker must still establish that the less favourable treatment is “on the ground that” they are a part-time worker. This may be revisited in the future but at the moment there is no requirement that an employer must give a part-time employee who does not work Monday’s days off in lieu.
The current legislation stipulates that employees are entitled to at least 5.6 weeks’ or 28 days holiday entitlement, which for part-time employees works out as however many hours or days they work multiplied by 5.6. An employer can chose to include or exclude public or bank holidays within this statutory entitlement. Although it is generally good practice for employers to allow their part-time employees who do not work Mondays a pro rata entitlement to days off in lieu based on the number of days they work, there is no legal requirement for them to do this. The law is still unclear on this area, but it is likely it will be revisited in the near future.
For further information on annual leave or any aspect of HR and employment law contact us on 0114 3032300 or email email@example.com.