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Part-time hours condensed due to bank holiday

Hello!

I have an employee who works 30hrs per week (Mon - Fri).  

Due to the bank holiday, we closed the business on Monday and she was expected to work her 30hrs in the remaining 4 days of the week.

All other employees are full-time and can't squash their 40hrs into 4 days and therefore haven't.

Is this lawful in ROI?

Thanks!

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  • Hi Anna
    Does the ROI have an equivalent to the UK’s regulations on less favourable treatment of part-time workers? If so, I’d say this sounds to me like less favourable treatment. Also, regardless of late, it sounds unfair. Probably many of us voluntarily catch up for bank holidays, but it’s because the work needs to be done, not because anyone is standing over us making us do it. This sounds as if it will stifle discretionary effort rather than encourage it.
  • I understand that ROI has very similar legislation to the UK in terms of it being unlawful to treat part time workers less favourably than full time ones

    Protection of Employees (Part Time Work) Act 2001

    The part timer had to work longer than their normal working day to squash the hours in and full timers were not asked to (given that this would have involved them working 10 hour days and there is 24 hours in a day, the argument that they couldn't work their 40 hours over four days does not stand up). Put another way, that week, full time employees were allowed to work less than their normal hours, but still be paid their full salary, whilst a part time worker was not allowed to. Therefore, the part time worker was clearly treated less favourably than full time employees and that is unlawful under ROI law
  • Clearly it's not fair, and it's not lawful.

    I'm interested in what the thinking was that said this was the right way to treat the employee in the first place? If she didn't work on Mondays I can see that an unintended error could have occurred - but to deliberately say that she doesn't get the bank holiday entitlement, and not only that but she then has to vary her work pattern because the office was closed for one of the days (so that everyone else could have a holiday) seems like a poor way to treat anyone.
  • In reply to Nina Waters:

    Thanks everyone for your input, great to get confirmation!
  • In reply to Anna:

    Just to clarify on this thread - she was paid for the bank holiday, but expected to work her 30hrs as well.

    Thanks again everyone for your input
  • Everyone is entitled to a minimum of 5.6 days per annum. This can include bank holidays. The contract should be clear on the amount of leave and if it incudes bank holidays or if they are additional to the leave allocation. To add to the mix if you had a part time person who worked Tues-Fri then they would not be expected to take leave on a day they don't work, but they are still entitled to receive leave in respect of the bank holidays, but again this can be included in the 5.6 weeks. As ever, check the wording of the contract. This employee as a minimum should have 28 days or 168 hours leave to take. Hope this helps.