Monday, 27 September 2010

Leave to remain

Holidays and discrimination?

Part time employees shouldn't be treated differently when it comes to holidays. They have the same entitlement as full time workers, albeit on a proportional basis.

Quite simply full time employees are entitled to 5.6 weeks / 28 days holiday,
and this is pro rata for part time employees. If the organisation gives more than
the statutory minimum, then the additional amount should pro rated for part time
employees.

Bank Allowance?

There is no statutory entitlement to having public holidays as leave.
If the organisation closes on the bank holiday, then this can be taken out of
the employee's allowance by the employer.

Indirect discrimination?

Employees have the right not to be discriminated against on grounds of sex, race, disability, sexual orientation, age, religion or belief or gender reassignment.

But employers also need to be aware, that if they award different levels of benefits to different groups of employees, they may create indirect discrimination. For example, giving more holidays based on hierarchy may favour men over women or awarding more holidays for length of service may indirectly discriminated against younger workers. A good policy and procedure would need to underpin decisions to award different levels of benefits, as employers may be called upon to prove there is a legitimate business reason for differences.

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