Q&As

Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall?

read titleRead full title
Published on LexisPSL on 07/11/2014

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall?
  • Bank holidays
  • Statutory protection for part-time workers
  • Implementing the entitlement
  • No comparison as between part-time workers
  • Document the arrangement

The answer to this question assumes that the employer's full-time workers are not required to work on bank holidays under their contracts. It also assumes that 'bank holiday' includes traditional public holidays, such as Good Friday and Christmas Day, which are not, in technical terms, 'bank' holidays.

For further information in relation to bank holidays generally, see our Practice Note Holiday—Bank holidays and public holidays.

For further information in relation to part-time workers generally and holiday arrangements for such workers, see our Practice Notes:

  1. Part-time workers

  2. Holiday—Part-time workers, annualised hours and other atypical working arrangements

Bank holidays

There is no statutory right to paid public holidays (or time off in lieu of them)—see Holiday—Whether there is a right to take a bank or public holiday as paid leave. However, many employers grant public holidays as holiday in addition to the holiday entitlement stated in a worker's contract (eg 'four weeks' holiday plus bank holidays').

Some employers, however, only give this benefit if the public holiday in question falls on a day on which the worker would otherwise usually be at work. This can result in unfairness to some part-time workers.

Statutory protection for part-time workers

Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, a part-time worker must not be treated less favourably than a comparable full-time worker as regards the terms of his contract (ie including contractual benefits such

Related documents:

Popular documents