Buddy says:Legislation provides that an employee must not be treated less favourably than a comparable full time worker in relation to contractual terms or by being subjected to any other detriment. Therefore the starting point is that part time workers are entitled to the same benefits including holidays as a full time worker albeit on a pro rata basis. However, there is an argument that the employee may not be entitled to payment for public holidays falling depending on the specific reason why the employee is not paid in lieu of holiday.

Employer information: In the case of McDermott Will & Emmery the EAT held that although an employee suffered a detriment by not receiving days in lieu of statutory holidays, it was because he did not work on Mondays and not because of his part time status. Employer's should be cautious because in this case the business was open 7 days per week and therefore some full time employees did not work on Mondays depending on the shift pattern. The full timers who did not work on Mondays were not paid in lieu for bank holidays falling on Mondays.