boss says i have to work bank hols?

Question

my boss says as i work part-time and one of my days is a monday i can only have 4 out of the 8 bank holidays off. so i have to pick which ones but iv just had to have 2 of them cuz the factory was shut over xmas and new year.
so the question is - i thought u got all bank hols off cuz the government said so? thnx in advance.

Answer 1

The underlying issue The root of the problem is that four of the eight Bank Holidays in Great Britain always fall on a Monday (Easter Monday, May Day, Spring Bank Holiday and August Bank Holiday) and a further two (from Christmas Day, Boxing Day and New Years Day) potentially do so. Only Good Friday, perhaps predictably, never falls on a Monday.

The issue of part-time workers' entitlement to pay for Bank Holidays has vexed employers for some time and there has never been, until now, any clear Tribunal guidance. Some employers take the view that part-timers should only be paid for those Bank Holidays that fall on days they would normally work (the approach taken by Capita in this instance), whilst others rely on the pro-rata principle at the heart of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2002 and grant part-time workers Bank Holidays in proportion to the hours worked, irrespective of on which days.

By way of an example of the pro-rata approach, a person who works 3 days a week (i.e. 60% of a full-time week) will be entitled to 60% x 8, i.e. 4.8 days’ paid holiday in respect of Bank Holidays. Simple enough, one might think, and it would ensure equality with someone who worked the same number of hours but spread over five days. However, this approach disadvantages part-time workers who work Mondays in a year when 6 Bank Holidays fall on a Monday (as is the case this year). Such workers would effectively have to take one of those Bank Holidays out of their remaining annual leave entitlement (because they are only entitled to 4.8, say 5, days in respect of Bank Holidays), whereas an employee who works exactly the same number of hours but from Wednesday to Friday will effectively be granted up to four additional days' holiday (because only one Bank Holiday falls on one of their normal working days, and so they still have 4 of their 5 Bank Holiday days remaining). Even where there are only four Bank Holiday Mondays some degree of inequity remains.

And if you thought McMenemy would clarify matters, think again!

Background to Mr McMenemy’s claim

Mr McMenemy worked for Capita at its Glasgow call centre on Wednesday, Thursday and Friday each week. He was not allowed time off in lieu when Bank Holidays fell on Mondays, although full-time workers in his team who normally worked on Mondays were given the day off.

Mr McMenemy submitted a claim to the Employment Tribunal that in breach of the Part-time Workers Regulations he was being treated less favourably than comparable full-time workers, as he did not get the benefit (additional days off on a pro-rata basis) of Bank Holidays that fell on Mondays. Both Mr McMenemy's and the full-time workers' contracts of employment provided that they were entitled to take Bank Holidays only when they fell on a normal working day for them, i.e. scarcely ever for Mr McMenemy and much more often for the full-timers.

Of particular significance to the Tribunal was the fact that Mr McMenemy's line manager had, for a period, worked on a full-time basis from Tuesday to Saturday and had consequently not been entitled to days off in lieu either when he missed a Monday Bank Holiday. The Tribunal therefore found that although Mr McMenemy had indeed suffered a detriment, it was not on the ground that he worked part-time but simply because under his agreed pattern of working days he did not work on Mondays. Mr McMenemy appealed to the EAT, arguing that the Tribunal had erred in its assessment of the relevant comparable full-time worker and that the principle of pro-rated benefits for part-time workers enshrined in the Regulations should have been applied to him. The EAT upheld the Tribunal's decision and refused an appeal.

It is important to note, however, that there were a number of case-specific facts in this case that played a role in the EAT's reasoning, in particular, that Capita ran a seven-day-a-week business in Glasgow and that its policy in relation to Bank Holidays was applied equally to all workers, full or part-time (as exemplified by its treatment of Mr McMenemy’s line manager). Whether the Tribunal and/or the EAT would have reached a different conclusion if the employer’s business had operated on a more typical Monday to Friday basis is open to conjecture, though on the face of it a person who agrees a part-time pattern excluding Mondays must surely see as a likely consequence that he might not receive pay (or extra time off) for not working on a day he was not going to work anyway! On the face of it, therefore, a fairly clear-cut win for common sense.

Where to now?

Sadly, the best approach for employers to take in relation to part-time workers’ entitlement to pay in lieu of Bank Holidays consequently remains unclear.

What is obvious is that in order to comply with the requirements of the Regulations, employers must be able to objectively justify any difference in the treatment of full and part-time workers. It must also be remembered that the Part-time Worker Regulations prevent discrimination as between full- and part-time workers but have nothing to say in relation to less favourable treatment as between different part-time arrangements. The strict pro-rata approach described above, even though resulting in a difference between workers whose normal working days include Bank Holidays and those whose days do not, is likely to be fairer. Giving Bank Holidays to part-time workers only when they fall on a part-time worker’s usual working day (as Capita did) might be justifiable if the employer can give a sound reason for the policy (e.g. that it was designed to be fair to all workers, irrespective of whether they worked on a full or part-time basis). It does create obvious anomalies as between different part-time working patterns, so that someone working Mr McMenemy’s hours and days loses out whereas someone doing the same number of hours but spread over 5 days (or at least including Monday) does not.

Answer 2

Assuming you are working part time at 20 hours a week it is true to say that everything is pro rata to that. (adjusted by the proportion of time you work compared to a full timer)

So, holiday entitlement would be half of what you would normally get. If the factory is closed over Christmas and New year, all staff have logically got to have those days off, not just you, so no one would have a choice about those two bank holiday days.

I guess that what your boss is saying is that he / she is happy for you to pick the other two bank holidays though of the remaining 6.

On balance seems the only option your boss has in terms of letting you decide.

You would get all bank holidays off as a full timer as they are official ' full time days off'.

The best parallel is wages - you would probably only get paid half of what a full timer doing your job would receive, the same is true of other entitlements including holidays.

However, if you are working some bank holidays, you would still be entitled to half of the bank holiday pay rate for a full timer.


Hope this helps - happy new year

Answer 3

Bank holidays are holidays for the banks and the banking employees. Some of these days are also legal holidays, but the government does not require that every business close on even national holidays. In fact some businesses are required to stay open, such as hospitals. If you don't like the holidays that you do get, change jobs.

Answer 4

"i thought u got all bank hols off cuz the government said so?"

ROFL, I've worked EVERY bank holiday for the last 6 years. You will need to work them as you will be contracted to do so and the amount of days will be pro-rata'd. If you're days fall over christmas then it's just tough luck.
sorry mate.

Answer 5

Bank Holidays themselves are not compulsory. Working time directive states that you get 4 weeks paid holidays per year and this is inclusive of bank holidays. Generally people that work part-time will have their bank holidays and annual leave aggregated otherwise in effect they would be getting more leave than those who work full-time. Employers have to take family friendliness into consideration, therefore you could argue that you need to take all of them because of childcare considerations, but you would need to deduct this from your overall annual leave+ public holiday entitlement.

Answer 6

The government has no say as to what holidays you have unless you work for the government (city, state or federal). Even then you are not guaranteed the day off (such as, if you are a policeman, or such profession, that works 24/7)

Answer 7

no, otherwise all the hospitals would close. Depends on your work contract but your boss does have to recompense you for a Bank Holiday either in time off or money.

Answer 8

My shifts are on a sunday, monday and tuesday nights, Therefore i worked xmas eve, xmas day, boxing day and im working tonight, i know it stinks but not much you can do about it unless you can find someone that will swap a shift with you if boss allows it. Try citizen advice if your not sure. Id like to know if im entitled to extra wages for working these nights......i work for scrooge though so i doubt it!

Answer 9

If everyone had bank holidays off there would be no electricity, gas, water, hospitals etc. Your T & C's should state how many you have to work so check there.

Answer 10

of course not what about every single shop that opens for Boxing day, loads of ppl work bank holidays!!

Answer 11

I am confused, do you work for a bank or a factory?