Back
We continue to provide our legal services through the COVID-19 lockdown. Please visit our COVID-19 Hub for legal insights, or contact us directly.
Get in Touch Menu

Do I need to pay part-timers for bank holidays?

23 June 2006

This often-asked question was at the heart of McMenemy v Capita Business Services Ltd that went to the Employment Appeal Tribunal recently.

Mr McMenemy switched from full- to part-time working at Capita, a company that operates seven days a week. It is the company’s policy that only those working on the day a bank holiday falls will benefit from it. As McMenemy no longer worked on a Monday, he missed out on most bank holidays.

He brought a claim under the Part-Time Workers Regulations to the effect that the company’s failure to allow him time off in lieu put him at a disadvantage when compared with full-timers. Part-time workers are, of course, protected from detrimental treatment as a result of their hours.

The Employment Appeal Tribunal agreed that McMenemy was worse off for holidays than other members of his team but this was not related to his part-time status. The detriment arose because he did not work on a Monday. By comparison, full-time employees who didn’t work on Mondays similarly lost out.

Every case will depend on the particular facts but if a business operates Monday to Friday, the normal working days for full-time staff will, by definition include public holidays. A similar claim brought by a part-timer may therefore, in some circumstances, succeed.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

 

Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
View profile
Mathew Clayton
Related services
Share this article
Resources to help

Related articles

Furloughed workers and annual leave

Employment & business immigration

The government has provided some long awaited guidance on the treatment of annual leave for furloughed employees affected by the coronavirus pandemic. One of our senior employment lawyers, Jenny Hawrot,…

Jenny Hawrot LLB (Hons)
Associate, solicitor

Business immigration and COVID-19: FAQ for employers

Employment & business immigration

For employers, keeping pace with employment law guidelines in the light of the coronavirus (COVID-19) crisis is no easy task, and businesses who sponsor workers from overseas face another layer…

Helen Howes LLM
Trainee solicitor

Coronavirus Job Retention Scheme guidance & updates

Employment & business immigration

Our employment lawyers summarise the latest developments on the Coronavirus Job Retention Scheme to emerge. Thursday 14 May 2020 The government has published guidance today on holiday during furlough. In…

Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Contact us