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NHS Agenda For Change SPRIG Papers

 

Agenda for Change
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SCOTTISH PAY REFERENCE AND IMPLEMENTATION GROUP (SPRIG)

National Guidance on Christmas and New Year Public Holidays

1. Reference should be made to the agreement of the appropriate functional council for detailed provisions in respect of pay and time off in lieu where applicable, as varied by this agreement.

2.1 Christmas and New Year Holidays at weekends There are three cases which shall be treated as follows:

2.1.1 When 25th December and 1st January fall on a Saturday

In this case 25th December and 1st January shall be treated as normal Saturdays. Monday 27th December and Monday 3rd January shall been treated as paid public holidays instead of 25 December and 1st January respectively. Where an employing authority normally observes 26 December as a paid public holiday Tuesday 28th December shall be treated as the paid public holiday instead of 26th December, and 26th December shall be treated as a normal Sunday. Likewise, where and employing authority normally observes 2 January as a paid public holiday, Tuesday 4th January shall be treated as the paid public holiday instead of 2nd January and 2nd January shall be treated as a normal Sunday.

2.1.2 When 25th December and 1st January fall on a Sunday

In this case, 25th December and 1st January shall be treated as normal Sundays. Monday 26th December and Monday 2nd January shall be treated as paid public holidays instead of 25 December and 1st January respectively. Where an employing authority normally observes 26th December as a paid public holiday, Tuesday 27th December shall be treated as a paid public holiday instead of 26th December. Likewise, when an employing authority normally observes 2nd January as a paid public holiday, Tuesday 3rd January shall be treated as the paid public holiday instead of 2nd January.

2.1.3 Any case (not otherwise provided for in 2.1.1 and 2.1.2 above) in which a paid holiday other than 25th December or 1st January is taken at this period and the day on which it would normally be taken on a Saturday or Sunday. In this case the paid public holiday will be taken instead on the first weekday thereafter which is not otherwise treated as a paid public holiday.

 

SPECIAL PROVISIONS FOR EMPLOYEES WITHIN THE PURVIEW OF THE ANCILLARY STAFFS' COUNCIL

3. All employees required to work within their standard working week on a Saturday or a Sunday, either of which would have been treated as a paid public holiday, but for the provisions of paragraph 2.1 above, shall have that Saturday or Sunday treated as a paid public holiday, the provisions of paragraph 2.1 notwithstanding. If such employees are also required to work on the corresponding alternative public holiday then payment shall be made at plain time rates for work done on the alternative day within the standard working week.

 

4. In the case of employees required to work on a Saturday or Sunday affected by the provision of paragraph 2.1 above whose hours of work on the Saturday or Sunday fall entirely outside their standard working week the provisions of paragraph 2.1 apply and that day will be treated as a normal Saturday or Sunday.

 

5. Employees who, by virtue of their normal working pattern, would be required to work within their standard working week on a Saturday or Sunday affected by the provisions of paragraph 2.1 above, but who are not required so to work by their employing authority, shall be paid at the rate which would have applied for working on that Saturday or Sunday. Since these employees will have paid holiday on the Saturday or Sunday the corresponding alternative days shall not be regarded as paid public holidays.

 

6. In the case of employees who by virtue of their normal working pattern, would be required to work outside their standard working week on a Saturday or Sunday affected by the provisions of paragraph 2.1 above, but who are not required so to work by their employing authority, no payment shall be made for hours outside the standard working week which would normally have been worked but which are not worked.

 

7. If an employee is required to be on-call or on standby duty on a Saturday or Sunday affected by the provisions of paragraph 2.1, payment shall be at the rate appropriate to a paid public holiday. If the same employee also undertakes on-call or standby duty on the corresponding alternative day, payment shall be made at the rate appropriate to Saturdays or Sundays.

 

8. If an employee's rest day, free day and/or off-duty period falls on a Saturday or a Sunday affected by the provisions of paragraph 2.1, it will remain a rest day, free day and/or off-duty period and the alternative day will be treated as a paid public holiday for this employee.

 

EXCEPTIONS TO PROVISIONS IN THE ABOVE PARAGRAPHS

9. Where the agreement of a functional Council provide for special duty, excess hours, overtime or emergency duty payment the rates of which differ between Saturday or Sundays and paid public holidays, then any payment due in respect of a Saturday or Sunday affected by the provision of paragraph 2.1 above shall be paid at the rate appropriate to a paid public holiday. If an employee also undertakes special duty, excess hours, overtime or emergency duty on the corresponding alternative day, then payment shall be made at the rate appropriate to a Saturday or Sunday.

10. Where the agreements of a particular functional council provide that an employee who carries out emergency duty (on-call or standby) on a paid public holiday should be granted a day off in lieu (for nurses and midwives equivalent time off in lieu), subject to such other conditions as are attached by those agreements, an employee carrying out emergency duties on a Saturday or a Sunday affected by the provisions of paragraph 2.1 above shall still be granted a day of in lieu (for nurses and midwives equivalent time off). Where such an employee is not required to work on the corresponding alternative day because their Department is being run on an emergency duty basis, then they shall receive their normal pay for that say at plain time rates, and their day off in lieu (for Nurses and Midwives their equivalent time off in lieu) in respect of the Saturday or the Sunday shall be available to be taken at another time.


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