Part-time worker in Scotland loses claim for time off in lieu of bank holidays

Part-time workers are not automatically entitled to pro-rata time off for bank holidays, the Scottish Court in Session has ruled.

An employee known only as McMenemy brought a claim against outsourcing provider Capita Business Services when it refused to allow him time off in lieu for bank holidays.

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He worked Wednesday to Friday and argued that as most bank holidays fall on a Monday he was losing out because he was a part-time worker, in breach of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

But the court found that Capita had acted lawfully in refusing extra time off, as the part-time status was not the only reason for his treatment. It ruled that if the firm had full-time staff working Tuesday to Saturday, it would have treated them the same.