Annual leave entitlement weekend staff

[Estelle27]

Hi everyone,

For weekend only part-time staff with fixed hours, any idea what the holiday entitlement is in the UK?

The contract states 28 days (including bank holiday) for full-time staff working 5 days per week. I have seen 2 ways to work out the equivalent for weekend only part-time staff:

1) It counts as working 2 days per week. Hence 2 x 5.6 = 11.2 days annual leave per year
2) Still count as 2 days per week so 11.2 days per year but this includes 8 days bank holiday. Hence it's 11.2 days - 8 days = 3.2 days annual leave per year.

The employer goes with the second calculations of 3.2 days and rounding down to 3 days only.

For 2022, this gives full-time staff 28 days leave for 260 week days in the year but part-time staff only 3 days for 102 weekend days in the year.
28/260 > 3/102, can you argue this is not proportionate and unfair treatment to weekend staff?

The employer doesn't have a HR department so I have been speaking to the business owner to no avail.

Any advise will be really helpful!!

[Ukmicky]

Your statutory leave right is 2x 5.6 and your employer can’t change that . Anything else above your statutory leave is determined by the terms in your employment contract

[ULA]

The calculation is 11.2 days based on working 2 days per week. As a part-time worker you are covered under the The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, which means that you cannot be treated less favourably than your full-time colleagues.

Oh and the business owner can chose to round up but cannot round down to 11 days.

[Estelle27]

Thank you ULA and Ukmicky, that's reassuring. The employer is basically claiming that they are allowed to include bank holidays on the 28 days minimum leave required by law. As no bank holiday falls on a weekend in 2022, 8 days have to be taken off the 11.2 days...

I'll take it that means the entitlement is 12 days for weekend staff by rounding it up and the 3 days cap the employer is enforcing is unlawful as it is below statutory and against The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

[ULA]

The entitlement is 11.2 days your employer is not obliged to round up but definitely cannot round down. Another way of looking at it which again gets back to 11.2 days is:

20 days stautory holiday for your 2 days per week is pro-rata 20/5 (working week) x 2 = 8
8 bank holiday days pro rata for the 2 days you work is 8/5 x 2 = 3.2
Total holiday entitlement is 11.2

[Estelle27]

ULA Thanks for the further explanation! Can they just give 8 days only from the statutory holiday and not give weekend staff the extra 3.2 days bank holiday pro rota given there is no bank holiday on the weekend?

I should add that weekend staff also have to work bank hokidays in the event where a bank holiday falls on Saturday or Sunday.

[Ukmicky]

Only if they fall on your contracted working days and they must pay you for it.

You are legally entitled to 11.2 days paid annual leave. If a bank holiday fell on one of your official working days ,Saturday or Sunday they can use it as one day paid annual leave. If no bank holiday falls on one of your official working days then the bank holidays have no effect at all on your annual leave. They can’t reduce your annual leave due to there being no weekend bank holidays.

No matter what happens every year you must get 11.2 days paid annual leave which as your working days are Saturday and Sunday must fall on a Saturday or Sunday .