Part-time worker loses out on payment for bank holidays

The Employment Appeal Tribunal (EAT) has ruled that a part-time worker who did not work Mondays was not entitled to pro-rata time off or payment in lieu of bank holidays falling on a Monday.

The decision goes against the DTI’s guidance, which says that part-time workers who work fixed hours should get a pro-rata benefit for bank holidays so that they are not disadvantaged by their part-time status.

However, in this particular case there were also full-time workers who received no payment or time off in lieu for bank holiday Mondays, as the company operated a seven-day week. This led the EAT to conclude that the reason for the failure to give pro-rata time off or payment was not because the worker was part-time but because he did not work on Mondays.

It therefore does not follow that the same decision would be reached in a firm that operates a five-day week and gives all its full-timers paid bank holidays.

McMenemy v Capita Business Services Ltd UKEATS/0079/05