Labour Research February 2003

Law Queries

Law Queries

There are some part-time employees in our workplace. What rights do they have to holidays, and in particular, to bank and public holidays?

Part-time workers have the legal right to no less favourable treatment than full-time workers. They have the same statutory rights as full-time colleagues and must be given at least four weeks' holidays a year. The number of working days that this would amount to is calculated based on the number of days they work in a week.

A part-time worker working three days a week would thus have 12 days' leave. If full-time workers have a better contractual entitlement than the statutory minimum, part-time workers should be treated no less favourably and get the same entitlement, although pro-rata to their hours.

The legislation does not specify how bank and public holidays have to be dealt with. Many employers make them pro-rata so part timers get some compensatory leave even if they would not normally be working on the bank or public holiday.

* More information: LRD booklet, Part-time workers - a legal guide for workplace reps (2000)