Following the Supreme Court decision in Augustine v Data Cars Ltd, this FAQ has been updated to remove a reference to McMenemy v Capita Business Services Ltd. The Court confirmed that McMenemy took the wrong approach to causation and less favourable treatment of part-time workers. The guidance remains the same: employers can avoid less favourable treatment by providing part-time workers with a pro rata entitlement to bank holidays.
Updated to reflect a change to government guidance, which now supports the view that a term-time worker paid throughout the year would meet the definition of a part-year worker.
Updated to reflect legislation in force from 1 January 2024 confirming that annual leave that cannot be taken due to maternity leave can be carried forward.