The Court of Session has recently found that employees who do not work Mondays are not entitled to holiday on a pro rata basis to compensate for the fact that they do not receive the extra bank holiday. The Court decided that the employees are not discriminated against under the Part Time Workers Regulations 2000 as any less favourable treatment must be because of the employees’ part time status. It concluded that full timers who did not work on Mondays would have been treated in the same way and so the part timers had not received less favourable treatment.

McMenemy v Capita Business Services Ltd