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.

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.

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