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Bank Holiday
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Can a part-time worker who works Wednesday to Friday claim the right to paid bank holidays which fall on a Monday?
Only if full-time workers at the same workplace are given paid leave for bank holidays in addition to the statutory leave entitlements under the Working Time Regulations.
The Part-time Workers (Prevention of less Favourable Treatment) Regulations 2000 provide that part-time workers should not be treated less favourably than full-timers in regard to their contractual terms. As most bank and public holidays fall on a Monday, those staff who do not normally work that day could be disadvantaged. Best practice suggests that such workers should be given a pro-rata entitlement of days off in lieu according to the number of hours they work.
I work for central govt so as you can imagine we have a bureaucratic process in place for this!
I used to work 22.5 hours per week (3 full days), as opposed to full time 37. I was therefore entitled to that proportion of bank holidays over the year. It was worked out in hours (as was my annual leave) and so depending on what days the bank holidays fell, you could sometimes end up with extra hours to take as normal annual leave, or alternatively end up having to take some annual leave to cover deficit on bank holidays. Hence, basically, you're entitled to the same number of hours as your full-time colleagues, proportionally to the hours you work.
Think I'm basically saying the same thing as buildersmate, just trying to add detail to clarify in specific example. Hope my explanation wasn't just confusing!
If it was the other way round and your employer was expecting you to submit work on your day off just because it was a bank holiday, The Sun would have a 2 page spread.