As the first of the May bank holidays approaches, many employers will be faced with requests from part-time staff for days off in lieu.
However, law firm DWF says that employers are within their rights to refuse
additional time 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, as the name suggests, were designed to
ensure that part-timers enjoy the same privileges as full-time staff.
Kirsty Rogers, partner with DWF says: “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.
“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.”
