More than one in five British employers could be breaking the law by not giving the same bank holiday rights to part-time workers as their full-time counterparts, new research has found.
With the Easter break looming, a survey by Croner Consulting found that 21 per cent of employers admitted to not offering the same bank holiday entitlement to part-timers as standard staff.
Croner pointed out that under the Part-time Workers Regulations 2000, employers must treat all staff equally, regardless of their employment status, unless for a justifiable reason.
Previous studies have backed up this latest research, with many small firms who rely on part-time help risking court action by failing to treat all employee equally.
To avoid being hauled in front of an employment tribunal, small firms have been advised to make all holiday entitlement, leave and other benefits standard across all workers.
Croner said that in cases where all employees work according to a shift system, employers may wish to give workers a paid day off to compensate.
However, the consultancy firm warned that where employees work fixed days each week, and since public bank holidays fall on a Monday, those who do not work on Mondays could suffer from fewer days off.
Richard Smith, of Croner, said that with the increased focus on work-life balance, part-time working is growing in popularity.
“But, working part-time is often thought of being lower status, having a lower standard of pay, or unlikely to lead to career progression.
“The Part-time Work Directive was put in place to protect and encourage part-time workers. The one in five employers surveyed that admit to not giving part-timers equal rights should review their holiday policies.
“If unequal treatment can be ‘objectively justified’ for a business reason then they will be within the law, but if the rules for holidays are found to be unfair to part-time workers, employers risk potential compensation claims or prosecution,” he said.
