employment and holidays

[jeannietarr2]

Hi if someone works 4 mornings (16 hrs per wk) Mon-Thurs. Easter holidays at the Company are either Good Friday and Monday or you work Friday and take Mon. and Tuesday. The part time worker has been told she must take Good Friday (even though this is not her working day) and Monday. So in actual fact she only gets one paid days holiday and the rest get two. Is this right. Thank you.

[factor-fiction]

It often works like this: suppose a full time employee working 40 hours a week gets 22 days holiday plus 8 bank holidays= a total of 30 days. A part timer working 20 hours a week has an entitlement to11 days (half of 22) plus 4 bank holidays (half of 8). Then as each bank holiday occurs it counts as one of the holidays. Is this what's happening in your case?
That's a fair way of doing it. Otherwise part timers who worked Mondays would get more than their fair share of bank holidays and those working midweek would never get bank holidays except maybe Xmas.

[scoobydooby]

A company must treat its part-time employees in the same way as it treats its full-timers. If a full-timer working 5 x 8 hour shifts Mon -Fri gets a public holiday off with pay, this equates to one fifth of their hours. Therefore, the part-timer is also entitled to one fifth of their hours. The part-timer working 16 hours is entitled to 3 hrs and 12 minutes! However, the allowance can be accrued. How many times has the part-timer been given a Monday off because it's a Public Holiday and all four hours at that, when really she should have had 45 minutes less??? The employers are well within their rights to 'add up' all of the Public Holiday hours and I suspect they know that the part-timer (through always working Mondays) has effectively been better off than the full-timers up to this point.

[Buenchico]

Scoobydooby's calculations are based upon a fallacy. There is no requirement, per se, for a company to employ its part-time employees on the same basis as full-time ones. Every employee's contract is entirely separate from that of any other employee. A company is (except as is explained in the next paragraph) free to pay it's full time staff �1000 per hour and give them 9 months holiday while paying its part-timers �5.52 per hour and giving them the minimum statutory holidays.

In some companies, however, the proportion of female part-timers is far higher (or lower) than the proportion of female full-timers. In such circumstances, a company must treat part-timers and full-timers alike, otherwise they would be guilty of indirect (and unlawful) sexual discrimination. Other companies have no such obligation upon them.

Assuming that the company is not forced to treat part-timers and full-timers alike, under the provisions of the previous paragraph (and that there are no collective bargaining agreements relating to this), the part-timer's only legal entitlement is to receive 19.2 (= 4.8 x 4) paid mornings of holiday per year (including any days when the business is closed). As long as this requirement is met, the employer has met the statutory obligations.

Chris

[Ethel]

A company must pay its part time staff at least the same hourly rate as its full time staff if doing the same job.

And part timers must be treated as well as full time staff doing the same job.

http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002773 8

So the part timer is enttled to the same holidays as the full timer doing the same job, pro rata.

[buildersmate]

The only way the employer can fairly and accurately work out holiday for part-timers who do not some days of a week is to calculate it in HOURS, not DAYS. Both the leave and the public holiday entitlement must be ratioed in proportion and converted to HOURS.