UK: How to work out Bank Holidays for part-time staff?

Question

I am trying to work out Bank Holidays entitlement for members of staff.

However I'm being told different methods on how to calculate it and its driving me mad!

Which calculation would you say is correct:

Calculation 1

Just pro rata the total Bank Holidays in a year by their total of working days in a week

or

Calculation 2

Check how many bank holidays fall on their normal working days, and then pro rata that amount to their total of working days in a week?

I would be REALLY greatful if you could clarify this for me.

Ta v much

D x*x

Answer 1

Firstly, Bank Holidays have no special place in English law, with regards to employees. except for Christmas Day (and they can be expected to work even Christmas Day except where it falls upon a Sunday)

Statutory Bank Holidays can be considered as part of the annual holiday leave of an employee. So you don't need to give them any special consideration unless you want to. But if you do, I would go for calculation 1.

Answer 2

Calculation 2 is totally wrong! Because if you work, example, Tues  - Fri, you are still entitled to Bank Holidays.

My mother used to work just Thursdays and Fridays for Boots the Chemist. Her weekly hours added up to 12. She was entitled to time off. It was in hours. Not sure how many - something like 2/3. I work for Birmingham City Council and its exactly the same with us.

Answer 3

Calculation Number One is the correct way to do it - Say for example there are 8 Bank Holidays and the member of staff works 3 days a week - it should be 8 divided by 5 multiplied by 3 = 5 days. This is assuming that the employee works normal working hours on their days.    

Answer 4

It can be a grey area .. IF you staff already have the minimum legal number of holidays (without taking into account Bank Holidays) many Companies used to take the view that, if you are due to work on a Bank Holiday, you get that day off, if you are not due to work, plainly you still have the day off :-)

However changes to the law require that you treat Temp staff 'no less favourably' than other staff .. this means you have to make some allowance for Bank Holidays they have 'missed' .. the easiest way is to allow them an additional (pro-rata) holiday for any Bank Holiday they 'missed' due to not normally working that day.