Part Time Holiday Entitlement

[Kate Lew]

I will be working part time 2.5 days a week, but 2 of these days will be Mondays and Fridays which are obviously the the main bank holiday days. The full time workers company entitlement is 28 days including Bank holidays.
The contract I have been offered states:
1. The holiday entitlement for part time workers is 10 days , plus any public bank holidays which are not worked.
2. Part time employees will have the above entitlement on a pro rata basis.

I find the second part slightly confusing. What holiday am I left with ? Am I being treated equally to full time workers? I understand that as I work Mondays and Fridays deductions need to be made but the wording in # 1. Just mentions part time workers get 10 days no mention of how many part time days they work.

 

[Newchodge]

That wording is appalling. You should ask them to explain exactly what it means in practice, in writing.

Your legal entitlement is identical to full time workers - 5.6 weeks. That is 28 days for a 5 day week and 16.8 days for a 3 day week. If they do anything less they are breaking the law.

Bank holidays are a bit awkward. What does the full time contract state about bank holidays?

 

[Kate Lew]

Thank you for you speedy response Cyndy, the full time worker is entitled to 20 days holiday plus bank holidays.

 

[Newchodge]

Then you are entitled to 12 days plus bank holidays. As you work Mondays and Fridays you will get more holiday, pro rata, than your full time counterparts. That is down to the fact that your employer has a very badly worded contract. You should get 12 days plus 7 bank holidays.

It is against the law to treat a part time worker less well than their full time counterpart, however there is nothing illegal in treating them better.

For others reading, this is why I always recommend that bank holidays should not be mentioned in holiday entitlements.

 

[IanSuth]

my wife used to work mon-thu 9.30-2.30, what they did was annualise the hours (work and paid leave) for her and a full time employee to work out the comparator and work back from that to ensure she received equal pay.

That is also the easiest way to explain to your employer if their contract is unfair (illegal), it may be they have written it badly but pay it correctly when you actually speak to them.

Also check for other things/clauses like compulsory xmas shutdown and how you are treated for that - a clause like "employees should retain 3 days of holiday to use between xmas and new year when the office will be shut" also need modifying for a pt worker

 

[Kate Lew]

Thank you Ian, that is a good point. The contract states : we have the right to nominate up to one weeks leave for closures such as Christmas.