Bank Holidays for Part Time Staff

23 May 2006:

One question I am commonly asked is whether or not part-time workers' entitled to paid Bank Holidays. Even after the recent case McMenemy v Capita Business Services Limited there is no definitive guidance, only best practice. Do you grant part-timers only those Bank Holidays that fall on days they would normally work, or do you allow them to take a proportionate amount of the eight statutory days?

Relying on the 'pro-rata principle' in the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2002, most employers grant paid Bank Holidays in proportion to hours worked. So a person working three days a week (60%) will be entitled to 4.8 days rounded up to five. But will this approach disadvantage part-timers who work from Monday to Wednesday in a year where six bank holidays fall on a Monday? They will have to take one of those Bank Holidays out of their remaining annual leave entitlement. So what is best practice?

Part-timers must not suffer a detriment on the ground that they are part-time workers, unless it can be objectively justified.
The justification requirement will apply to an employer's policy on granting Bank Holidays.
A policy where Bank Holidays are awarded in proportion to the number of days worked is likely to be justifiable.
It is possible to justify giving Bank Holidays only if they fall on a part-timer's usual working day - with good reason.

For more information visit the DTI website for guidance on 'Part-time workers - The law and best practice':

Web: [http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page19479.html]