My work mate has just returned from maternity leave?

Steve B

Employers do not have to pay employees for bank Holidays.

HOWEVER (in the UK) it is illegal to discriminate against part-time workers (see link below)

If the full time workers were paid for a Monday Bank Holiday, then, since she would normally be working 6 hrs. on the Monday, she should be entitled to 6 Hrs pay .. (or some pro-rata / fair calculation - in most Companies, if the Bank Holiday was on the Friday she would not be entitled to any pay, since she only works Mon-Thurs, however some may operate a 'proportional' system that gives her something for all Bank Holidays irrespective of actual day of week ..)

She should suggest to HR that she is being discriminated against (since full timers were paid and she was not) and ask then to reconsider.

If they refuse to do so, she would have a claim HOWEVER she could easily find that they make her working life so uncomfortable that she has to leave ...

Cari

Payment for bank holidays is contractually defined ... in other words, your employer must state in your contract whether you are to be paid for holidays or not and must abide by this, but the law does not dictate whether they should pay or not.

The majority of companies will pay full-time staff for bank holidays and not pay part-time staff for them, so now that your colleague is part-time, it's likely that this is why she's not been paid. Tell her to check her contract and see whether she thinks it's correct or not, and if not, then speak with her manager.

Note that the fact that she has been on maternity leave has nothing to do with anything.

fushia

that depends on her contract. if she hasnt got one the employers can get away with it. everyone should have a contract of employment.

Juls1207

That would really depend on her contract. Also, the maternity leave policy in your company.

steffi

When I worked part-time, I didn't get specific time each Bank Holiday. They gave me the time throughout the year in hours. So for each Bank Holiday I would get 25/37th of the normal holiday hours. Part-timers who didn't work Mondays were lucky, they could take the time whenever. I did work Mondays. I worked three long days a week, and when there was a Bank Holiday, I had to supplement my allowance with annual leave, as the office wasn't open for me to do any flexi-time.
Your workmate should find out what company policy is on part-time workers on holiday entitlements, it may affect her annual leave, too.

llcentlous

if your employer requires full time hours to get holiday pay, then yes... check into your employee hand book

craigcrashuk

As she has returned to work under different pay, hours and conditions then she should have had a new contract, however I'm sure that she shouldol monday have been paid for the bank hol monday if that should have been a normal working day for her, however if she does not normally work a mon then she has no need to be paid. check with Acas. gov.uk

kelly

no he can't she works and needs to get paid for her hours that she worked.

slushpile reader

no, a paid holiday is a paid holiday. she should get paid for her regular 6 hours.

Ottilie

no thats total rubbish, she should be paid double time or a day in leu for working that monday

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