Applying statutory holiday entitlement to part time employees

Background

Our client, who works in the financial services sector, believed that part time staff who did not work on Mondays were only entitled to bank holidays that fell on normal working days in addition to their annual holiday entitlement which was pro rata to that of full time staff.

Problem

  • This formula was in breach of the Working Time Directive which gives all staff minimum holiday entitlement of 5.6 weeks each year
  • The formula further breached the Part Time Workers Directive
  • The client faced the risk of employment tribunal claims

Outcome

  • The client corrected the formula for the current and future holiday years
  • There were no employment tribunal claims

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