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McMenemy v Capita Business Services - Part-timer and Bank Holiday Mondays [2006] EAT

The EAT rules that a part time worker who never worked Mondays was not entitled to pro-rata time off or pay in lieu in respect of those Bank Holidays which always fall on a Monday. Both his and the full-time workers’ contracts provided that they were entitled to take public holidays only when they fell on a normal working day. A tribunal found that although he suffered a detriment it was not on the ground that he worked part-time but simply because he did not work on Mondays.

The EAT agreed (and so later, on appeal, did the Court of Sessionl).

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