Introduction

Clarification of the principles concerning bank holiday/public holiday working and payments and overtime working and payments was requested at the JNCC of the Autumn term of the 2009-10 academic year.

This guidance note lays down the main principles governing bank holiday/public holiday working and payments and overtime working and payments at the University of York.

1. Bank holidays and public holidays

Staff have a contractual entitlement to the eight bank and public Holidays in England, namely (in order for the calendar year):

  • New Year’s Day – normally 1 January
  • Good Friday – the Friday of the Easter weekend
  • Easter Monday - the Monday of the Easter weekend
  • Early May Bank Holiday – normally the first Monday in May
  • Spring Bank Holiday – normally the last Monday in May
  • Summer Bank Holiday – normally the last Monday in August
  • Christmas Day – normally 25 December
  • Boxing Day – normally 26 December

When the usual date of a bank or public holiday falls on a Saturday or Sunday, a 'substitute day' is given, normally the following Monday.

The University refers to the bank/public holidays for Christmas Day, Boxing Day and New Year’s Day as 'special days', distinct from the other bank/public holidays.

1.1 Bank/public holiday working

The University may require some staff to work on bank/public holidays, particularly those working shift patterns or work that is ongoing irrespective of the status of the day. In order to recognise this work the Framework Agreement and associated documents provided a mechanism for those in HERA Grade 1 to 5, recognised as those likely to be working more frequently on bank/public holidays, to be paid for such work. Where an individual works hours on a bank/public holiday, as part of their contractual hours (up to 37 hours a week), they will be eligible for a bank/public holiday enhancement (1.2 below) and time off in lieu (1.3 below).

1.2 Bank/public holiday payments

When an individual works on a Bank/Public Holiday the following payments will occur:

Occasion Overtime rate How calculated
Bank/public holidays excluding special Days 2 times plain time rates Plain time plus 1 x plain time
Special days only 3 times plain time rates Plain time plus 2 x plain time

All hours worked on these days up to 37 hours per week. ie not classified as overtime in accordance with the University principles, will be eligible for a payment. There is no entitlement to the unsocial hours enhancement but there may be an entitlement to a variable working hours enhancement.

1.3 Time off in lieu (TOIL) - All public holidays - Grades 1-5

TOIL will be granted in addition to the % multiplier enhancement for all public holidays. TOIL will only be given on an hour for hour basis i.e. one hour’s TOIL will be awarded for each actual hour worked. TOIL will not be given in addition to overtime pay for overtime working on public holidays.

2. Overtime working

Overtime working is considered where staff work in excess of the contractual 37 hours per week. This amount may be averaged over a period of time where, for example, shift patterns require fluctuations to meet operational necessities. Those sections where such working patterns exist will identify the time period over which the working hours will be measured and averaged, and overtime working will be aggregated accordingly – as detailed in the Framework Agreement and associated documents. Time Off In Lieu is not paid in addition to the overtime payment. Where overtime hours are worked on Bank/Public Holidays and/or Special Days either overtime payment or TOIL may be taken but not both.

2.1 Overtime payments

Overtime payments will be namely:

Occasion Overtime rate How calculated
Monday to Saturday inclusive 1.5 times plain time rates Plain time plus 0.5 x plain time
Sunday 2 times plain time rates Plain time plus 1 x plain time
Bank Holidays 2 times plain time rates
or
plain time off in lieu
Plain time plus 1 x plain time
Special Days
(Christmas Day, Boxing Day and New Year's Day)
3 times plain time rates
or
plain time off in lieu
Plain time plus 2 x plain time

Approval

This guidance note complements the Framework Agreement and associated documents and was agreed at the JNCC meeting of November 2010.