The Court of Session has confirmed the Employment Appeal Tribunal's decision that a part-time employee who does not receive pro-rata days off work to reflect bank holiday Mondays is not discriminated against.
The Court of Session found that this treatment was not solely on the grounds of the employees part time status, because the employer would have treated a full time worker who did not work on a Monday in the same way.
In McMenemy v Capita Business Services Ltd, the Claimant worked Wednesdays, Thursdays and Fridays. The employer operated seven days a week. The tribunal found that the part-time Claimant suffered a detriment compared with full-time workers, in that he did not receive the benefit of Monday bank holidays. However, it found the reason was not his status as a part-time worker, but simply because he did not work Mondays. Accordingly his claim was dismissed.
The Employment Appeal Tribunal upheld the tribunal's decision. It placed considerable emphasis on the fact that the Respondent operated a seven-day a week business, and that full-timers who worked five days a week excluding Mondays also did not receive time off for those Bank Holidays.
This decision provides some support for employers who do not give part-time workers additional pro rata time off in respect of bank holidays. However it remains to be seen whether the same approach would be taken with a five-day (rather than seven-day) a week business, where ALL full timers receive the benefit of bank holidays.