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Archive for June 29th, 2010

We have an employee who works part time and as a result she never works on a Monday. Do we have to pay her for Bank Holiday Monday’s?

In 2007 the employment appeal tribunal ruled that a part time employee will only be entitled to claim paid leave on a bank holiday if their full time counterparts would be paid on a Bank Holiday AND  if the part time worker would usually have worked on that particular Bank Holiday. So you can work out whether that would apply in your case. 

The potential problem was that by refusing to give part time workers the same benefit as full time workers the employer was discriminating against part time workers in breach of the regulations which protect them.

However, the court held that although the employee does suffer a detriment it is not because she works part-time but simply because she doesn’t work on Mondays. 

ELE members will find more information on their ELE web service account.

Warm regards

Carolyn

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