A friend of mine works 4 days, part time, for 16 hours per week. Their Contract states -
"You are entitled to the equivalent of 4 weeks paid holiday each calender year, including all bank and public holidays (and pro-rata in which your service is less than the holiday year). This means that if you work a 5-day week you will be entitled to a total of 20 days paid holiday each year."
Does that mean 16 days plus 8 Statutory holidays or are they included in the 16 days?
If they are included in the 16 days,what happens this year with the extra Jubilee day?
Rebecca Potter
5 Responses
P/T Workers Holiday Entitlement
Hi Rebecca,
My interpretation would be that the entitlement of 16 days holiday is fully inclusive of public/bank holidays, consequently if your friend had even more public/bank holidays this year, she would still only get her entitlement of 16 days leave.
Hope that helps.
Part time workers
Hi
http://www.dti.gov.uk/er/ptime.htm will answer your question. It is also useful for other part time worker queries and is well written.
An Act and a directive assist your friend and they will need to compare themselves with the treatment of full timers (comparators)in their workplace as is mentioned on the above website.
The extract from the contract cannot help unless you know how the full timers holiday is worked out and what they get as holiday entitlement. Pro rata, in a nutshell, your friend gets the same under the 2000 Act.
There are loads of tribunal cases to demonstrate how the law has interpreted the Act and the sorts of problems part time workers have experienced. If you need more email us and we will send you a further link.
Part time workers rights have been brought into line with those of full time workers so compare the treatment of holiday and other items in contracts on that basis first in broad terms.
Training By Design Global Ltd
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I also work Part time so compare this with myself
I work a 3 day week so if the full timers get 20 days (4 weeks) plus the public holidays I would get 12 days (4weeks of 3 days) plus any public hlidays that fall on my normal working days.
EG: I work Tues- Thurs so don’t benefit from most of the public hoidays as they normally fall on a Mon or Fri and as I don’t work these days I don’t get the public holiday. With the jubilee holiday falling on a Tuesday I got that day so this week I only work 2 days.
In all companies that I have worked this has been the procedure that has applied.
It only becomeds difficult when an employee does not have set working days. In this case we have always given a pro rated number ie: if they do 3 days per week but not set days they get 60% of the public holidays.
Hope this helps
Mandy
Combined entitlement pro rata’d
When non-full time staff queried this, we adjusted our contracts because the entitlement wasn’t equitable for non-full time staff. The contract now states a total number of days inclusive of bank and public holidays, so that non-full-time have a pro-rata of the full number and do not get less holiday if they don’t tend to work on Mondays. Your friend and her work colleagues (full and part time) should ask for a change, as ours did.
pro-rata entitlements for part-time staff
Most employment contracts are written for employees who work full-time.
For someone who works part-time, their entitlement should be in direct relationship to the proportion of the hours they work compared to a full-time member of staff, if they are not to be given a disproportionately high amount of time off.
‘Rolling in’ all the entitlement for a ‘holiday year’ (including all public holidays), and advising staff which days they must take as ‘designated days’each year places the onus on the employee to manage their annual entitlement and decide which days they will take off as paid holiday. If they do not have sufficient paid holiday to take the time off as paid leave, it will be unpaid.
This approach ensures that all staff are treated equally and has the additional advantage that the actual days on which someone works make no difference. Incidentally, its easiest if you calculate indidivual entitlements in ‘hours’ rather than ‘days’.