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 GYinScuntland |
| December 16, 2012, 7:04am |
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I don't think this situation is mentioned in the contracts. The employers have given 'all staff', both part time and full time, an extra day's holiday on a given date. In reality, it doesn't apply to everyone, however, as some people don't normally work on that particular day of the week. Nothing has been said about giving those people time off in lieu.
In other words, some are getting an extra day's holiday - some aren't. Nobody is working on that day but some are getting paid for it, whilst others aren't.
Am I reading this right as meaning you are complaining about NOT getting a day in lieu for a day you WOULDN'T be working anyhow? |
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| jock dock tower |
| December 16, 2012, 11:26am |
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Yes, it happens. Part time workers should be treated exactly the same as full time workers, and the legislation is quite clear on the matter. The likes of holidays have to be pro rata those of full time employees. If a part time worker works exactly 50% of the hours of the full time worker then their entitlement is 50% of the total holidays, regardless of when and where they're taken.
Look at it logically, if someone works part time and only works say from Tuesday lunch time to Thursday tea time to get their 50% of the working week in, they will never work on a Monday or Friday. Look at how the Bank Holidays are distributed around Mondays and Fridays - Good Friday and Easter Monday, May Day, Whit Monday, August Bank holiday. If Xmas and the New Year also fall on these days the workers concerned will not be able to physically take the days by virtue of the fact that they simply don't work them. Another part time worker at the same workplace might only work Friday through to Tuesday and would therefore be physically able to take all the Bank Holidays off, giving them 5 extra days holiday just because of the vagiaries of the rota. That's why compensatory holidays are written into the legislation.
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| No attempt at ethical or social seduction can eradicate from my heart a deep burning hatred of the Tory party. So far as I'm concerned they're lower than vermin. Aneurin Bevan. |
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| marinette |
| December 16, 2012, 12:54pm |
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What Jock says.
You can also twist it around and look at it another way.
I'm quite happy NOT to be paid for that particular day, if I'm not working and my colleagues are. But if 99% of my colleagues are getting paid on that day for NOT working, then I think I would like to be treated equally!
(I don't have any issues with bank holidays - we are all given a certain number of days holiday pro-rata, and this entitlement INCLUDES bank holidays. So if I'm not contracted to work on bank holidays, I don't lose out - I just take the annual leave on other days instead).
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| marinette |
| December 17, 2012, 7:25pm |
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Update - had a positive outcome regarding this now, without needing to involve the union. Knowing the legal implications gave me the confidence to go for it so thank you to those who replied and especially to Jock for his expert advice.  |
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| jock dock tower |
| December 17, 2012, 7:27pm |
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Great news Marinette, enjoy yer extra day's holiday! |
| No attempt at ethical or social seduction can eradicate from my heart a deep burning hatred of the Tory party. So far as I'm concerned they're lower than vermin. Aneurin Bevan. |
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| ponnyfan |
| December 20, 2012, 6:26am |
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Thanks for the replies.
The issue isn't really about bank holidays. It's more about an EXTRA day's holiday that has been granted to 99% of employees, seemingly on the spur of the moment. Those who would not normally be working on that particular day anyway (due to their part time contractual hours) have not been offered what Jock Dock Tower calls 'compensatory leave at a later date', so we are missing out. In effect, we are being given less favourable treatment.
Last night, when I heard about it, I contacted someone working the same hours as me and at first she shrugged and said there was nothing we could do, but when I quoted something from a government website about 'less favourable treatment', her reaction was 'OK, let's go for it, girl!'
The thing is, knowing what to do now?
The union situation is very difficult - our union used to be quite strong, but when our rep retired, he was replaced with someone who had very little experience. Shortly afterwards there were massive redundancies and various things happened that made me lose faith in the union completely - both my workplace representatives and the people at the local branch office. People being made redundant were desperately trying to contact someone at the local office to represent them in meetings - I tried to contact the union myself at the time over something relating to the redundancies that I thought might be illegal - but there was nobody there and nobody ever replied to any messages. If our union people don't lift a finger to support those being made redundant, I very much doubt they'll be interested in a little quibble about holiday entitlement! We've not had a single union meeting since the redundancies apart from one, when the only item on the agenda was a discussion about whether or not we should give up on the union altogether.
Why have they decided to give an extra day anyway? |
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| marinette |
| December 20, 2012, 5:19pm |
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Why have they decided to give an extra day anyway?
I'm not sure. |
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