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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48800
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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husband at work has 14 annual leave days plus 6 bank holidays.

Resolved Question:

husband at work has 14 annual leave days plus 6 bank holidays. works 3 on 3 off shift pattern. just been informed by his H.R that AL been wrongly instituted over last 5 yrs.

now saying that if Bank Holiday falls on one of his 3 days off annual leave has to be taken during the day off irrespective. is this legal/fair please?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Has he had this in righting and what is in his contract of employment regarding bank holidays

Customer:

Apparently it is cleverly worded in his contract. It has never been implemented. They have always been able to choose when to take any of their leave. Now however because they are deemed part time. 33 hrs a week the HR dept day they must submit to this new (old) policy.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice. Can I just check if full time employees are subject to the same rules where every BH on their working days have t b taken off as holidays?

Customer:

no the full time employees can choose to take their leave when they want all the leave including the BH

Ben Jones :

Thank you for clarifying. Generally, an employer has the legal right under the Working Time Regulations to choose when an employee takes their holidays. It means they need to give a minimum specified notice period to the employer and they can then nominate on which days they want them to take their annual leave allowance.


 


However, in this case he could argue that he is being treated detrimentally due to his part-time status, which is contrary to The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. These prohibit less favourable treatment of someone due to their part time status, when compared to the treatment of a full time employee:


 


http://www.legislation.gov.uk/uksi/2000/1551/regulation/5/made


 


So if part time employees are forced to take their leave on BHs whereas full time workers are not and are given an option of when to take their leave on BHs, the part time workers can argue that they are being treated less favourably because of their part time status.


 


It would then be for the employer to show that there was some objective justification for their actions. The initial complaint can either be made informally or through a formal grievance. The final option is a claim to the employment tribunal for unfair treatment under the Part Time Workers Regulations.

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