New P/T days now M/T/W what happens on Bank Hol Mondays?

[dgs]

Hi
Been working for a major company for 8 years and about 2 years ago asked (because I now get my pension) if I could drop from 5 days a week to 3 (tues wed thurs) which they agreed.
I was recently asked by my boss if I would help him out and change my working days to mon tues and weds, because he felt that he would be better advertising a 2 day job for thurs fridays instead of mons and Fridays.
I said OK and my new days started the beginning of this week of which Monday was a Bank Holiday.
Our company shuts on Bank Holidays.
One of my colleagues today said to me "you know any Bank Hols that fall on your Monday work days will have to be taken as part of your annual leave"?
Anyone working 5 days a week this doesn't happen to.
When I was called in by my boss recently and he asked if I would change my days, he never mentioned any of this and if he had done I would've said "thanks but no thanks".
So in essence looking online it appears employers have to be very careful with p/t employees regarding things like this?
There seems to be a directive 'Part Time Worker Regulations 2000 which protects p/t workers from being treated less favourably than their full-time colleagues.

Anyone with knowledge of this part of employment law your advice would be appreciated and how I should state my case tomorrow. Thankyou

[ULA]

Firstly can you confirm if you were a full time employee what would your holiday be, is it the statutory of 5.6 weeks i.e. 20 days holiday plus 8 bank holidays or does the company give more than 20 days statutory holiday, if so what is the number of days that full time staff get.

[dgs]

The first one Ulaanbaatar + any extra days for longer service

[dgs]

Sorry I typed Ula and it came out like that

[ULA]

Given your service of 8 years would this qualify for extra holiday for longer service if you were full time? If so what would the number of days excluding Bank Holidays be?

[dgs]

I believe part time (3 days) it is 16.8 days + 1 day for length of service, if it makes any difference it is given as hours.
and if I was still full time, it was 2 weeks (10) days summer and 2 weeks (10) days winter + 1 day.
I think the main thing for me Ula was the fact that I wasn't told this would happen when I was asked to do them a favour and change my 2 days off. If I was informed that this would be the case I would've said " thanks but no thanks"
and the fact that it doesn't happen to full timers.

Thankyou for your considerations, appreciated.

[dgs]

Just had a message from HR
she said that he has not explained it to me very well at all.
My bank holidays are calculated for part time staff based on days worked etc, so if there are for example 5 Bank Holiday Mondays and 2 Fridays (I'm off fridays anyway) I may only be entitled to 3 or 4 of those Bank Hol Mondays and the other 1 or 2 i'd have to take out of my annual leave?
Hope that makes sense?
How many Bank Hol Mondays would you say I'd be entitled to based on my 3 days a week?
Your advice is appreciated Ula.

[ULA]

Sorry dgs not to get back sooner to you.

As the company have worked it, the statutory holiday entitlement is 28 days (or 5.6 weeks) which includes the bank holiday i.e. 20 + 8 (annual public holidays). This pro-rated for a 3 day week is 28 / 5 *3 = 16.8 days, so I understand their logic.

As you point out though most of the UK bank holidays fall on a Monday or Friday. In companies that give paid bank holidays, and where part-time employees do not usually work on these days, those part-time employees would end up receiving proportionately fewer days' leave than their full-time colleagues.

To prevent this inequality, many companies give their part-time employees a pro-rated bank holiday allowance. This is calculated based on the number of hours worked, regardless of the days that are worked and irrespective of whether or not they would be bank holidays.

In this case your holiday entitlement would be calculated as:

20 days statutory holiday /5 * 3 = 15
8 bank holidays / 5 * 3 = 4.8
Giving your a holiday entitlement of 19.8 days in total which would include any bank holiday days.

Hope that makes sense and it may be something you can go back and speak to your HR department about doing in your case if you think that is a fairer way of dealing with Bank Holidays in your case.