 |
Join | Update Your Details | Contact | Feedback | Site Map |  |
|
|
|||
|
|
 |
 |
|
|||||||
|
|
|
||||||
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Happy festive holidayLooking forward to time off at Christmas? Arena takes a closer look at the rules on the complicated issue of public holidays.
As everyone knows the festive season is the busiest time of the year for retail, distribution and transport workers and employers alike. It's also the season when the rules and regulations on bank holiday working throw many people into confusion. It's a complicated issue but it's too important to be ignored. Bank holidays have been confusing staff and employers for many years, even the term 'bank' holidays is misleading. Only bank workers are legally entitled to bank holidays - the rest of us are entitled to 'public holidays' - almost, but not quite the same thing. Your right to time off is covered by your contract (or staff handbook), which usually, but not always, allows for these days but under specific rules. It is here where you will find important clues to your entitlement and pay rates. This should include whether you are required to work - on a voluntary or compulsory basis, your rate of pay, any additional time off in lieu, and the company procedure or formula for working arrangements during a bank holiday week. Remember contractual arrangements do vary between companies. It is a complex issue but you do have rights. Find out now what they are and discuss with your rep your contractual entitlement.
Q In law, am I entitled to a paid day off on a bank holiday?Only if your contract says so.
Q But most people get paid bank holidays. Why is that?Because they have a contract term which gives bank holiday entitlement in much the same way as they have a contractual entitlement to pay, holidays, sick pay, etc.
Q On all the calendars for 2006 the two designated bank holidays are Monday 25 and Tuesday 26 December, surely these are my bank holidays?Not quite. These are the days the Government designates as public holidays under the Banking Act. In reality, only some emergency service staff will be working on December 25, but Boxing Day is not as straightforward.Whether you have to work on December 26, whether you are entitled to be paid, whether the company is entitled to substitute or designate a different day, all depends on what your contract says. In short, you can't trust the calendars.
Q So am I getting paid bank holidays or not?Under most Usdaw agreements yes. Usually you get two days for Christmas and one for New Year (two in Scotland). You may also get a floating day. However, your days of paid public holidays may not be 25 and 26 December for everyone. It depends on your contract.
Q So in a bank holiday week how does that work out?For most workers the working week will be reduced (usually by one fifth) for every bank holiday, which falls in that week. This means you will work four days but be paid as if you worked five and so on.
Q Is bank holiday working still voluntary, and does it attract premium rates of pay?That depends, again, on your contract.Some companies expect staff to work a fixed number of bank holidays in a year. Some companies have a consolidated hourly rate to reflect this contractual obligation. Some companies operate on volunteers alone. Some pay premium rates. It depends on who you work for, and in some companies what type of contract you're on. For example long serving staff may be on a slightly different contract to newer staff.
Q What happens if you work part-time?You will still get the same bank holiday entitlements, on a pro rata basis, as your full-time colleagues.
Q Large shops have to shut on Christmas Day but Christmas Eve falls on a Sunday. And what if my shop opens on Boxing Day (December 26), do I have to work?Again this depends on your contract and which days your employer has designated as the bank holidays.Sunday trading only allows big stores to trade for six hours although many of the stores use 'browsing' time to open the stores for longer. Your normal working hours also come into it, e.g. if you don't usually work Sunday it's unlikely you can be forced to work. If you volunteer you should establish before you work if you are entitled to premium pay and/or time off.
Q It all sounds a bit of a mess to me. Is it?No, but it's complicated. If you haven't already been notified by the management of the trading policy in your company - ask for details. Find out now what days your workplace will be closed.Remember, because of the range of shifts, variations in contracts across companies, and different trading patterns between small and larger stores there is no uniform answer to questions on bank holiday working. However, you must insist on your contractual rights. Still unsure? Contact your local Usdaw office.  Printer Friendly Page  Email to a Friend
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Join | Update Your Details | Contact | Feedback | Site Map | Privacy | Site Survey |
|
© 2003 (USDAW) Union of Shop, Distributive and Allied Workers |
 |
