Holidays and part-time workers getting bank holidays
Discussion
Having recently started my job, I have just realised that one of my part-time workers who doesn't work Mondays or Fridays may be getting inadvertantly discriminated against with regard to her holiday entitlement.
All my other part timers work on Mondays and get every bank holiday off as well as their normal holiday entitlement of between 5 and 6 weeks based around their weekly hours. One of my part-timers only works Mondays and Fridays and also gets 6 weeks holiday, which means she is getting far too much holiday entitlement.
I'm not looking for a battle, but I'd like to do this correctly.
Employee 1 = works 7.5 hours on Tuesday & Thursday and gets 5 weeks holiday or 75 hours per year, clearly not enough as legally need to give 5.6 weeks, but she needs to no be discriminated against for working her hours.
Employee 2 = work 5 hours on Mondays and Fridays and gets 6 weeks holiday or 60 hours (based on length of service), by my reckoning she got an additional 8 paid bank holidays or 40 hours.
What should I do?
All my other part timers work on Mondays and get every bank holiday off as well as their normal holiday entitlement of between 5 and 6 weeks based around their weekly hours. One of my part-timers only works Mondays and Fridays and also gets 6 weeks holiday, which means she is getting far too much holiday entitlement.
I'm not looking for a battle, but I'd like to do this correctly.
Employee 1 = works 7.5 hours on Tuesday & Thursday and gets 5 weeks holiday or 75 hours per year, clearly not enough as legally need to give 5.6 weeks, but she needs to no be discriminated against for working her hours.
Employee 2 = work 5 hours on Mondays and Fridays and gets 6 weeks holiday or 60 hours (based on length of service), by my reckoning she got an additional 8 paid bank holidays or 40 hours.
What should I do?
There are EU rules for this I believe.
I work for a big retailer, and all employees get a 1/5 of their contract hours back per bank holiday lieu time (this year 9 bank holidays so 9/5ths of their contract time.
Those who work on bank holidays have the option to take it on bank holidays or on other days, and those who don't work any bank holidays still get the time to take whenever it fits in with the business.
Is that the sort of thing you were looking for?
I work for a big retailer, and all employees get a 1/5 of their contract hours back per bank holiday lieu time (this year 9 bank holidays so 9/5ths of their contract time.
Those who work on bank holidays have the option to take it on bank holidays or on other days, and those who don't work any bank holidays still get the time to take whenever it fits in with the business.
Is that the sort of thing you were looking for?
Surely there is only discrimination if person 1 isn't having their holidays calculated based on the same basis as person 2? I.e. both should be based on the number of hours worked. If someone doesn't usually work the days that bank holidays typically fall on, why should the employer pay for them? Under any other circumstance, the employee wouldn't be working/earning for those days. Especially if the employee had chosen not to work Mondays specifically.
I could understand if you/the employer was responsible for deciding what days each employee works on a week-by-week basis, otherwise I can't see why someone can be expected to be compensated for days they've already chosen not to work. I'm not talking about them getting zero public holidays - they should have their public holiday balace pro-rata'd based on the hours they work. Happy to be corrected though.
I could understand if you/the employer was responsible for deciding what days each employee works on a week-by-week basis, otherwise I can't see why someone can be expected to be compensated for days they've already chosen not to work. I'm not talking about them getting zero public holidays - they should have their public holiday balace pro-rata'd based on the hours they work. Happy to be corrected though.
The 5.6 weeks holiday is 20 days holiday plus the 8 bank holidays.
Employee 1 should be getting 5.6 weeks holiday (11.2 days)
Employee 2 should be getting the same plus an extra 2 days for length of service (13.2 days) Bank holidays should be taken out of holiday entitlement but if you want to pay them on top of holiday entitlement then employee 2 should only be getting 2/5 of the bank holidays as they only work two days.
And if you want to be fair then employee 1 should also get the extra 2/5 of bank holidays if you want to pay them as extra.
Do you have any vacancies
Employee 1 should be getting 5.6 weeks holiday (11.2 days)
Employee 2 should be getting the same plus an extra 2 days for length of service (13.2 days) Bank holidays should be taken out of holiday entitlement but if you want to pay them on top of holiday entitlement then employee 2 should only be getting 2/5 of the bank holidays as they only work two days.
And if you want to be fair then employee 1 should also get the extra 2/5 of bank holidays if you want to pay them as extra.
Do you have any vacancies
thepeoplespal said:
Having recently started my job, I have just realised that one of my part-time workers who doesn't work Mondays or Fridays may be getting inadvertantly discriminated against with regard to her holiday entitlement.
All my other part timers work on Mondays and get every bank holiday off as well as their normal holiday entitlement of between 5 and 6 weeks based around their weekly hours. One of my part-timers only works Mondays and Fridays and also gets 6 weeks holiday, which means she is getting far too much holiday entitlement.
I'm not looking for a battle, but I'd like to do this correctly.
Employee 1 = works 7.5 hours on Tuesday & Thursday and gets 5 weeks holiday or 75 hours per year, clearly not enough as legally need to give 5.6 weeks, but she needs to no be discriminated against for working her hours.
Employee 2 = work 5 hours on Mondays and Fridays and gets 6 weeks holiday or 60 hours (based on length of service), by my reckoning she got an additional 8 paid bank holidays or 40 hours.
What should I do?
Simply - the total amount of holidays should be equal (other than the additional days for length of service).All my other part timers work on Mondays and get every bank holiday off as well as their normal holiday entitlement of between 5 and 6 weeks based around their weekly hours. One of my part-timers only works Mondays and Fridays and also gets 6 weeks holiday, which means she is getting far too much holiday entitlement.
I'm not looking for a battle, but I'd like to do this correctly.
Employee 1 = works 7.5 hours on Tuesday & Thursday and gets 5 weeks holiday or 75 hours per year, clearly not enough as legally need to give 5.6 weeks, but she needs to no be discriminated against for working her hours.
Employee 2 = work 5 hours on Mondays and Fridays and gets 6 weeks holiday or 60 hours (based on length of service), by my reckoning she got an additional 8 paid bank holidays or 40 hours.
What should I do?
Bank holidays have no special entitlement but you can control when employees take their holidays (if your office is closed on bank holidays you can make employee 2 take them as holidays).
So assuming you give statutory minimum:
Employee 1 should get 11.2 days which can be taken whenever they like (unless you have a compulsory close at christmas too?)
Employee 2 should get 12 days (8 of which you should be used as the compulsory bank holidays).
That is all assuming your contracts state total holiday times, not holidays plus bank holidays.
Fatman2 said:
^^ you would have thought that but the missus works part-time too and also gets bank holiday entitlement.
Full entitlement (i.e. same as a full time employee) or a pro-rata'd entitlement, based on the number of hours or whole days that she works? I can understand p/t'ers getting a pro-rata'd entitlement, but not f/t entitlement. I work for a global multinational and I'm sure we pro-rata public holidays but if people don't work Mondays they don't get to take bank holidays in lieu or anything like that. Although we are in Scotland, so even on bank holidays the office is open; the only days the office is closed is 25/26 Dec and 1/2 Jan.To add to what Stevenj214 said, another way to simplify matters is to work in hours, and the ratio of hours a part timer works compared to a full time person.
If a full time person works 40 hours and gets 25 days holiday plus 8 bank holidays, they are getting 1320 hours off. So a person working 10 hours would get 10/40 of 1320 hours, so 330 hours.
Doing it this way means that it doesn't matter what someones working pattern is. Worker 1 could work 2 hours Monday to Friday, and worker 2 could work 5 hours on Monday and 5 hours on Tuesday, but they both get the same amount of time off.
The only thing to remember with this is the bank holidays are included in the entitlement, and some workers need it explained to them several times that they must use their holiday entitlement for bank holidays, it doesn't just automatically happen if the office/factory is closed.
If a full time person works 40 hours and gets 25 days holiday plus 8 bank holidays, they are getting 1320 hours off. So a person working 10 hours would get 10/40 of 1320 hours, so 330 hours.
Doing it this way means that it doesn't matter what someones working pattern is. Worker 1 could work 2 hours Monday to Friday, and worker 2 could work 5 hours on Monday and 5 hours on Tuesday, but they both get the same amount of time off.
The only thing to remember with this is the bank holidays are included in the entitlement, and some workers need it explained to them several times that they must use their holiday entitlement for bank holidays, it doesn't just automatically happen if the office/factory is closed.
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