We have a small number of staff who cover the On-Call rota a week at a time.
These staff get a payment of approx £50 for covering a bank holiday or an extra statutory day, but they dont get the Time Off In Lieu later.
Their contract of employment Part 1 says all staff get 23 days holiday plus 8 bank hols plus min of 2 extra statutory holiday at Christmas. (pro rata for part-timers)
In effect the guys who cover on a bank holiday (say Chrismas Day) dont actually get the day off as holiday, they cant relax or enjoy the festivites like their colleagues can. They get the money in their salary and then the additional payment for being on-call but the bank holiday has then gone.
They do not have a choice about being on-call, it is part of their contracts that they cover the rota.
However, in Part 2 of the contract which the unions agreed, it says No time off in lieu will be given. Our MD believes this is “No TOIL will be given for the Bank Holiday just the £50 payment will be given”, I believe it means “No TOIL will be given if they are actually call out to work”
Have these people given up the right to have that bank holiday, or are our two contracts conflicting?
Jennet Simpson
