Enhanced working days over the holidays query.

Thriftkitten

Hi I am looking for a it of advice please, I work for a private care agency and was wondering what the laws are on enhanced pay over the xmas period and bank holidays, or if there is any for private agencies.
We were paid time and half for xmas day, same for boxing day and have been told that because we had time and half for new years day we will be on single rate £6.50 for today (Bank holiday), meanwhile the office is closed due to the bank holiday but the staff are on basic wage.
I used to work in a residential home (private) they paid double time over xmas and sometimes we got a day in lieu, but nothing like this in this job a bit of a mine field really , hoping someone can clarify the situation:o

SarEl

Oh God. Can we please have a sticky??? Niot getting at you OP - we have just had one form of this or another for a month! It's getting boring...

There are no laws for enhanced pay at all on any day of the year. The employer can pay whatever they like (provided it is the NMW or more!). Bank holidays have absolutely no special standing in law - you are not even entitled to have them off.

Thriftkitten

Thankyou for your help xx

SarEl

You are welcome.

lincroft1710

If your employer is like most of the employers in this sector you will get the SFA Extra payment for working Bank Holidays.

Thriftkitten

lincroft1710 wrote: »

If your employer is like most of the employers in this sector you will get the SFA Extra payment for working Bank Holidays.

,
Hahahah thats exactly what I'm getting!!!! Thanks for confirming this lol!:rotfl:

Notmyrealname

Remember that as of 24th December, it has been 12 weeks since the AWR laws came into effect so if you've been at the same care home on the agency for 12 weeks, you are now legally entitled to the same pay etc as employees.

SarEl

lincroft1710 wrote: »

If your employer is like most of the employers in this sector you will get the SFA Extra payment for working Bank Holidays.

I will happily bow to superior knowledge of working practices in the care sector, but weren't the SFA conditions (what was called the Red Book) repealed in 2004???

And also isn't the logic here a little off - if they are entitled to time and a half (and I am not sure that they are, but as I said, happy for someone to correct this by pointing to the relevant terms that bind care sector agencies) for bank holidays, then they were not entitled to it on New Years Day (which wasn't a bank holiday but was paid as if it were) - so the employer needs to reclaim that payment from everyone and then pay it for today (which is the bank holiday).

lincroft1710

SarEl, you may well be right. My opinion of the "Care" industry is perhaps biased and outdated, but it is based on actual experience of pay, holidays, expenses, conditions etc, of two close friends working in several homes and as a mobile carer.

SarEl

lincroft1710 wrote: »

SarEl, you may well be right. My opinion of the "Care" industry is perhaps biased and outdated, but it is based on actual experience of pay, holidays, expenses, conditions etc, of two close friends working in several homes and as a mobile carer.

I wouldn't even suggest it's biased - I know you are just trying to help. And basic employment terms aren't my "gig" - you don't employ a barrister to tell you what the temperature in the office should be (although I do know!). That's why I said I am happy to be corrected. I just would like the OP to be clear if there are some national conditions that apply to them - because I do have a fair few people from the caring sector through my office (that sector doesn't often care for the people it employs!) and this is something I haven't come across in a long time. I still get local authority employees who refer to the Green book - it also hasn't existed for a long time, except as a theoretical abstract. Once it was their national conditions - now it is guidance.

Thriftkitten

SarEl wrote: »

I will happily bow to superior knowledge of working practices in the care sector, but weren't the SFA conditions (what was called the Red Book) repealed in 2004???

And also isn't the logic here a little off - if they are entitled to time and a half (and I am not sure that they are, but as I said, happy for someone to correct this by pointing to the relevant terms that bind care sector agencies) for bank holidays, then they were not entitled to it on New Years Day (which wasn't a bank holiday but was paid as if it were) - so the employer needs to reclaim that payment from everyone and then pay it for today (which is the bank holiday).

Thats what we were told... That they decided to reward us with time and a half on New Years day rather than today. Guess they may have thought that it may be more appealing to work New Years day if it was enhanced rather than book it off and them be short staffed due to the glamour of New Years Eve celebrations.