Recent case law has confirmed that an employer who does not pay any employee who does not work on a bank holiday, regardless of whether they are full time or part time, is not treating the part time worker less favourably.

For example, if a full time employee worked from Tuesday to Saturday and was not paid for any bank holiday that fell on a Monday, then the part time employee who never works on a Monday, and is therefore not paid for that day, is not treated any less favourably.

Employers should however beware, if it is the case that full time employees do get paid for bank holidays, then they should pro rata bank holiday payments for part time workers to ensure uniformity across the board.