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Bank Holidays
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My working week has been reduced from 5 days to 4 days with my day off being Monday. Am I entitled to a lieu day to cover bank holidays? The other people in my team are having a different day off in the week so will have 2 days off in the week of a bank holiday. I feel I am losing out otherwise.
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Bank holidays have no special place in employment law. All that the law says is that the total number of days (paid) holiday you should have must not be lower than 4 x 5.6 = 22.4. It's completely irrelevant as to when you receive those days off.
However the law does require that part-time employees are treated in the same way as full-time staff with regard to holidays. Whether that requirement actually benefits you would depend upon whether bank holiday leave (for full-time employees) is within their statutory holiday allowance or additional to it.
For example, if the full time employees get 5 x 5.6 = 28 days paid holiday per year (INCLUDING bank holidays) and you get 4 x 5.6 days, then you're being treated in exactly the same way. But if the full-time employees get 28 days paid holiday PLUS 8 paid bank holidays, then you should get 22.4 days paid holiday PLUS an allowance equivalent to 0.8 x 8 days = 6.4 days holiday.
However the law does require that part-time employees are treated in the same way as full-time staff with regard to holidays. Whether that requirement actually benefits you would depend upon whether bank holiday leave (for full-time employees) is within their statutory holiday allowance or additional to it.
For example, if the full time employees get 5 x 5.6 = 28 days paid holiday per year (INCLUDING bank holidays) and you get 4 x 5.6 days, then you're being treated in exactly the same way. But if the full-time employees get 28 days paid holiday PLUS 8 paid bank holidays, then you should get 22.4 days paid holiday PLUS an allowance equivalent to 0.8 x 8 days = 6.4 days holiday.
A friend of mine (in an office job) is part time and like you, works Tuesday to Friday. She has lieu days that are pro rata. If you are on the same contract as your colleagues (but just on a part time basis) you are almost certainly being discriminated against if you don`t have days off in lieu of bank holidays.
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