Employers are within their rights to refuse to give part-time staff days off in lieu for Bank Holidays, following a recent Court of Session case.

Law firm DWF says that employers are within their rights to refuse additional time off to staff who would not normally work on a Monday.

It follows a decision by the Court of Session on a case brought by an employee under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations which were designed to ensure that part-timers enjoy the same privileges as full-time staff.

Kirsty Rogers, partner with DWF says: “The man concerned worked from Wednesday to Friday and was not allowed time off in lieu for public holidays though his colleagues who worked on Mondays got the day off.

“The court was asked to decide whether he was treated less favourably because he was a part-time worker. It concluded that the employer had not distinguished between part and full-time workers, but rather between those who worked Mondays and those who did not.

“While this case will rankle with many part-time workers, it could mean a considerable saving on holiday pay for some employers.