Part-timers who don’t work Mondays not entitled to time off for bank holidays

UK law firm DWF has warned of an onslaught of requests from part-time staff for time off in lieu during the approaching bank holidays.

DWF, however, says that the law favours employers, who are entitled to refuse additional days off to staff who would not normally work on a Monday.

It follows a decision by the Court of Session on a case brought by an employee under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations, which is designed to recognise equal privileges between part-time and full-time staff.

Kirsty Rogers, partner with DWF, said: “The man concerned worked from Wednesday to Friday and was not allowed time off in lieu for public holidays, though his colleagues who worked on Mondays got the day off.

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“The court was asked to decide whether he was treated less favourably because he was a part-time worker. It concluded that the employer had not distinguished between part and full-time workers, but rather between those who worked Mondays and those who did not.

“While this case will rankle with many part-time workers, it could mean a considerable saving on holiday pay for some employers,” Rogers concluded.