Advice on holiday entitlement when on call.

shellsuit

If someone works a full working week, but every so often they are on call for a week also (full weekend and every evening), how does that work when there is a bank holiday?

Say for example, Easter.

Good Friday - Bank Holiday

Easter Monday - Bank Holiday

Everyone in the company will get paid flat days for those 2, and they have those days off.

The person on call will also get paid a flat day, but they are not having those days off work.

So with the entitlement being 28 days a year, if they are on call for Good friday and easter monday, should they get 2 days off in leiu?

It's only just dawned on me you see, because if they worked both those days, they would only be having 26 days off from work through the year.

I hope someone can make sense of all that lol

shellsuit

Anyone have any ideas?

Bobl

Presumably you are being paid to be on-call, which is not part of your working week. When you say you are not having those days off, I assume you are at home and on call, and if you do not get called in, it is a day off with on-call pay.

If the above is true, then you are not entitled to any time off in-lieu

shellsuit

Bobl wrote: »

Presumably you are being paid to be on-call, which is not part of your working week. When you say you are not having those days off, I assume you are at home and on call, and if you do not get called in, it is a day off with on-call pay.

If the above is true, then you are not entitled to any time off in-lieu

It's £30 call out pay for each of those days.

I thought though that it was 28 days holiday a year so an employee can take 28 days off from work a year. (either including or excluding bank holidays, so long as only 28 days are taken away from work)



I don't see how it is fair as...(example)

Employee A - Good Friday - gets the day off and gets flat days pay.

Employee B - Gets flat days pay & £30 call out money, but doesn't have the day off work as has to attend calls.

If B doesn't get any calls, they will be losing a days holiday and only gaining £30 for it.


It's not about the money, it's about the time off.

Bobl

OK, so look at this way,

Employee A - Good Friday - gets the day off and gets flat days pay.
Employee B - Gets flat days pay and call out pay (£30) - but does not get called out


Multiply that over all the days you get call out pay but do not get called out - Who is the loser

getmore4less

Have a read of the working time directive for on call hours and what is defined as work

The holiday entitlement is 5.6 weeks and you still need to get that.

Time off in lieu/payment for extra work time is by negotiation

Bobl

But if you book holiday, you are not on-call - just the same as everyone else.

You can say no to the on-call hours and payment - but then you would not get £30 for the potential of being called in which everyone else does not get - your choice!

shellsuit

Bobl wrote: »

OK, so look at this way,

Employee A - Good Friday - gets the day off and gets flat days pay.
Employee B - Gets flat days pay and call out pay (£30) - but does not get called out


Multiply that over all the days you get call out pay but do not get called out - Who is the loser

It's £30 at Easter, any other time it's only £10. And it doesn't matter if they don't get a call out, they can't do anything, or go anywhere, or make any arrangements, as they are still on 'duty', so they are not getting that time/day/hours away from work, like everyone else.

getmore4less wrote: »

Have a read of the working time directive for on call hours and what is defined as work

The holiday entitlement is 5.6 weeks and you still need to get that.

Time off in lieu/payment for extra work time is by negotiation

Yes, I've explained to OH (this isn't about me) and suggested he asks in the office on Friday.

Bobl wrote: »

But if you book holiday, you are not on-call - just the same as everyone else.

You can say no to the on-call hours and payment - but then you would not get £30 for the potential of being called in which everyone else does not get - your choice!

You can't say No to the on call hours and payment, as it's on a rota and it just happens that my OH has Easter. (So from Good Friday till the following Thursday evening).

I know my OH would rather have a day off (and get paid a flat day), rather than be paid £30 to sit around and wait for calls all day and night.

Like I said, it's not about the money, it's about the time off.

Everyone else can book 28 days holiday.

OH should be able to book 28 days holiday too, that's what I'm asking.

Because everyone else gets the bank holidays off by using their holiday entitlement, can my OH use those days worth to take off during the rest of the year as he isn't actually having those days off as holidays.

rupee99

It should be covered in your OH's contract of employment and/or staff handbook if there is one.

Under the working time regulations your OH's employer cannot restrict him (?) from having at least 28days annual leave (including bank and public holidays). Therefore it depends on what restrictions are placed on them during "on-call" days, eg cannot drink, cannot leave home outside of a certain radius etc, if these are so onerous so as to effectively make it like "being at work at home" he is entitled to book other days, especially if he is called out, but that does not arise simply because the period happens to fall over a bank holiday.