Everyones views welcomed on this...

[Gogivit]

Can I ask C A G members look at the following work instruction and tell me if I am either right or wrong on my conclusion of its meaning...

 

I quote:

 

'Payment for staff rostered, but not required(e.g, if the clients premises are closed), to work on a Bank Holiday will normally be paid at a single time rate, subject to local agreement. To avail yourself of this, you must give notice, in writing, of your availability and willingness to work on the applicable Bank Holiday, at least 1 week prior to the Bank Holiday. This is the only mechanism to ensure payment. Failure to adhere to this procedure means that you will not be paid for the applicable Bank Holiday. If you do not wish to work on the applicable Bank Holiday when rostered, but not required (due, for example, to the client's premises being closed), then you will either not be paid or, alternatively, are required to take paid annual leave for the applicable day.'

My personal thoughts on the above instruction is that, as a term of employment you are effectively on 'CALL OUT' and if you advise them you want to work but are denied in doing so, you should be paid for this?

 

If you do not want to work it, then you are left with two options:

 

1) To ask it be paid as a Bank Holiday and therefore be 1/28th of your holiday or entitlement?

 

2) To not request it as a holiday and not claim payment, thus allowing your holiday entitlement to be un-touched so you can take it when you want?

 

In conclusion, I believe that a staff member who complies with the above instruction and gives an employer up to four weeks advance notice that they have been asked to stand down but are prepared to work and who therefore are effectively on call out should not be told that any stand down has to be taken as holiday?

 

Local agreement is that stand down is in place and has been so for many years. During the last few years there has been no problems with this procedure until the increase of holiday entitlement from October 2007 where now in April 2009 the employer is saying that those who have been paid stand down during 2008 have taken surplus holidays and must pay it back. I disagree and feel adament, that stand down pay as per above, has no connection with the holiday entitlements (unless you do NOT want to work it).

 

I appreciate that the majority of industry workers are off every Bank Holiday and companies can include this as the extra eight days entitlement but if in another industry you have always been on call out (if you chose to)

All thoughts or clarifications welcome.