Because most bank holidays fall on a Monday or Friday, part-time employees who do not work on these days could be entitled to proportionately fewer days off compared with full-time employees, depending on shift patterns and annual leave arrangements within the organisation.
Employers must ensure that all employees have at least the statutory minimum annual leave entitlement and that part-time employees are not treated less favourably than full-time employees. To avoid a complaint of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) many employers provide part-time employees with a pro rated bank holiday entitlement.
While there may be no arrangement that will have entirely fair results for all employees whatever their working pattern, one option is to calculate pro rated bank holiday entitlement according to the number of hours that the part-time employee works, irrespective of whether or not he or she works on the days on which bank holidays fall.
For example, if full-time employees are entitled to eight bank holidays a year, in addition to their normal annual leave entitlement, a full-time employee working a five-day week of 37.5 hours would be entitled to 60 hours of leave on bank holidays (ie eight days of seven and a half hours). A part-time employee working a three-day week of 22.5 hours would be entitled to a pro rated bank holiday allowance of 36 hours (22.5 ÷ 37.5 x 60). Calculating an hourly entitlement has the disadvantage of potentially resulting in an employee working for, for example, only one or two hours on a particular day.
The employer should allow the part-time employee to book the 36 hours’ pro rated bank holiday entitlement as annual leave under the organisation’s normal procedure. If the employee is scheduled to work on any bank holiday, he or she would have to book this as annual leave to take the day off. If the business is closed on bank holidays, the employer could require the employee to take annual leave if he or she is scheduled to work on these days, by including this in the employee’s contract or giving the appropriate notice.*
*Original article from Expert HR
It is important for staff to take their holiday entitlement and at a recent review meeting it was picked up that there were three employees, within a clients company, who didn’t take much of their holiday entitlement for 2017, this impacts on the statutory provisions.
There is a requirement of annual leave of 5.6 weeks – 28 days, which includes public holidays. There is also a requirement for employees to take this leave, and for the employer to ensure that they do. The provisions are established from a Health & Safety prospective, ensuring rest and relaxation for the individual away from the working environment.
With a review of untaken leave, focus was placed on any leave that was less than 20 days, three cases had been highlighted
– 16 days undertaken, 9 of which is below statutory
– 17.5 days untaken, 12.5 of which is below statutory
– 7 days untaken, 3 of which is below statutory
The main concern would be for the employee who has only taken 7.5 days off in the year. It is appreciated that it is often difficult to have this discussion, however, there are risks for both the employees health, and for the business.
In this particular case, the employee, when he takes leave, will adjust his days of working, and therefore may have the weeks off, however, this is compounded with additional working time either side. This continues the risk of his allocation of leave
The recommendation is that when you have any of your normal manager/employee meetings, that there is a discussion relating to the plans for leave during this year. We can then plan for the cover of the work to enable the leave to be taken without fear of work not being covered, or teams being left during the absence.
When is a resignation not so simple?
We supported a client recently when an employee resigned, but later wanted to withdraw the resignation and remain with the employee.
The manager allowed the employee several days to be sure they were making the right decision, they still wanted to resign. They acknowledged the resignation and confirmed the termination date. Then 2 weeks before the leaving date they informed the manager that they were withdrawing the resignation and would be staying. Plans were in place to recruit a replacement, the team had been informed, the leaving card had been circulated.
What to do…?
The decision was taken that in the grand scheme of things it was in the best interests of the company and the individual to continue with the resignation. Once one has been submitted and accepted by the Company it is only by mutual agreement that this may be reversed.
If you need support in handling staff resignations, then please get in touch.
|1 January||Monday||New Year’s Day|
|30 March||Friday||Good Friday|
|2 April||Monday||Easter Monday|
|7 May||Monday||Early May Bank Holiday|
|28 May||Monday||Spring bank holiday|
|27 August||Monday||Summer bank holiday|
|25 December||Tuesday||Christmas Day|
|26 December||Wednesday||Boxing Day Bank Holiday|
It is illegal to offer, promise, give, request, agree, receive or accept bribes – an anti-bribery policy can help protect your business.
You should have an anti-bribery policy if there is a risk that someone who works for you or on your behalf might be exposed to bribery.
Your anti-bribery policy should be appropriate to the level of risk your business faces. Your policy should include:
- your approach to reducing and controlling the risks of bribery
- rules about accepting gifts, hospitality or donations
- guidance on how to conduct your business, eg negotiating contracts
- rules on avoiding or stopping conflicts of interest
Once you have an anti-bribery policy you should:
- tell your staff and make sure they understand the policy
- monitor and review your policy regularly
For more information visit www.gov.uk and download the Bribery Act 2010 Guidance
Adverse weather in the form of gale force winds, heavy rain and icy conditions may cause disruption to employees, over the next few weeks.
What is the legal position when bad weather prevents an employee from getting to work?
- No legal right to paid time off
In most situations, there is no legal right for an employee to have paid time off if they are unable to get to work or are late for work due to travel disruptions and / or bad weather.
Limited exceptions to this rule exist, e.g. where travel time is classed as “working time” (which will not be discussed here).
- Good employer – employee communications will help
What happens in practice during periods of adverse weather is therefore down to each employer to decide and communicate to their staff.
Rather than await the chaos (warranted or otherwise) that bad weather brings, we would recommend that employers act now and consider implementing an Adverse Weather Policy.
- What should an adverse weather policy contain?
The policy should strike a balance between protecting the health and safety of the staff and ensuring the business continues to run as effectively as it can.
The policy could provide for the following types of problems:
Where employees’ journeys to work are delayed or have to be cancelled, weather may or may not be a factor.
Alternative working arrangements
It may be an option for employees to work from another, more easily-accessible, location or perhaps working from home is feasible.
Absences and pay
It is at the discretion of the employer whether or not employees are paid, if they are absent or late due to adverse weather conditions.
Employers can decide to treat absences in a number of different ways. For example –
- As annual leave (noting that a limited number of days’ leave could be used from the next leave year, if there is not enough annual leave remaining);
- As time off in lieu;
- Employees to make up the lost hours within a reasonable period;
- Unpaid leave (this should be referenced in the employee’s contract to avoid any claim that the deduction is unlawful).
If the employer decides to close the office due to severe weather, employees should be paid as normal. Whatever approach employers want to adopt, it should be made clear in the Adverse Weather Policy.
School closures / childcare issues
Those with dependants can take unpaid time off if there is a childcare emergency.
If a school closure is announced in advance – and no other childcare arrangements can be made in time – employees should be reminded that they can take unpaid time off to care for their child.
Training and disciplinary aspects
As with any policy, it should be communicated to the workforce and, if necessary, training should be provided to those who will be handling the day-to-day aspects of weather disruption.
If an employer has reason to believe that an employee is using the weather as a convenient excuse not to come in to work, the employer can choose to investigate the issue in the same way as any other potential disciplinary matter – and take disciplinary action if necessary.
Information via United Employment Lawyers
Workers over 18 are usually entitled to 3 types of break – rest breaks at work, daily rest
and weekly rest.
Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The break doesn’t have to be paid – it depends on their employment contract.
Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day.
Workers have the right to either:
- an uninterrupted 24 hours without any work each week
- an uninterrupted 48 hours without any work each fortnight
A worker’s employment contract may say they’re entitled to more or different rights to breaks from work.
Exceptions to this are
- the armed forces, emergency services or police and they’re dealing with an exceptional catastrophe or disaster
- a job where they freely choose what hours they work (like a managing director) or where the work is not measured (ie no set hours)
- sea transport
- air or road transport (known as ‘mobile’ workers)
Air, sea or road transport workers may be covered by special rules that give them different rest rights.
Mobile workers not covered by any special rules usually have the right to regular rest so that their health and safety (or anyone else’s) isn’t put at risk.
There are also special rules for young workers and for lorry and coach drivers.