It has previously been held that part time workers should receive a pro-rata number of days off for bank holidays – generally Mondays – if they don’t generally work on those bank holidays.

In a recent ruling (McMenemy v Capita Business Services Ltd) it has been held that in the case of workers who always have, say Mondays as a non-working day, then providing a part time worker is treated the same as a full time worker who doesn’t work on Mondays, then it is not discrimination against the part time worker.

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