on call on christmas day

[mollykins]

My dad (a plumber etc for the NHS) is going to be on-call on christmas day, he's done it before but never actually got called out. But his boss is saying that if he does get called out, he'll only be paid the little extra, for it being a saturday! Even though he's been called out on other bank holidays before and gotten extra for that, so has always assumed the same applies for christmas.

BUT his union person is leaving soon, and doesn't really care, should he go up higher in the union?

[starone]

My husband was on call many Christmases. He was a mains foreman for the South Wesstern Electricity Board (now defunct) One year he worked on various faults all day Christmas day, through the night and Boxing Day and it snowed!. It was not good, but we needed the money. He got paid double time and also had a day off in lieu.but only got paid the extra money if he got called out.

[starone]

*Western*

[mollykins]

I think my dad said that he's only being paid the saturday basic rate for being on-call, even if he doesn't have to go out aswell. . . .

[starone]

Your Dad's a hero Molly.

[mollykins]

Is he . . . .

[factor-fiction]

It depends on what the current terms and conditions say. The arrangements may have been renegotiatied/changed. Changes to T&Cs can be made provided appropriate notice is given and consultation procedures are followed. Sometimes a package of cahnges are agreed- some more favourable, some less favourable, making some people better off and others less well off. If teh changes are in line with teh new T&Cs then there's nothing the union can do. His first step should be to consult any written T&&Cs or his HR department or manager to check the arrangements and explain any change.

[pink-kittens]

there is no automatic entitlement to extra pay be it for overtime or working xmas day

http://www.direct.gov...ndTimeOff/DG_10028439

As factor, get your dad to check his T&C in his contract.

[mollykins]

I think the &cs may have changed, because there's the 'agenda for change' but after reading it, he couldn't find where they got those t&cs from, and no paragraphs etc were quoted, so he's written a letter that he's sending to his boss, union rep and he's nion rep's boss who'll still be here to sort it out.

[puternut]

I think things are really confusing this year because Christmas Day/Boxing Day are on a Saturday and Sunday with the Bank Holidays effectively being on the Monday and Tuesday respectively. (Same applies New Years Day Bank holiday is effectively Monday 3rd January).

So would you expect an employer to pay double/triple time and days off for the whole 4 days plus 2 more the next weeend?

I agree it is confusing but should be clear in contract / handbook. and a contact with Human Resources should be able to clear it up

[mollykins]

That's another thing, they're saying that to get a lieu day, you'd have to be on call on either, both the saturday and monday, or the sunday and tuesday, which is something else he's bringing up that wasn't in the agenda for change thing . . .

[Mosaic]

He should contact the regional office of his union and request clarification, esp. of terms and conditions.
Sounds like a fast one is being pulled.

[craft1948]

So if your dad is getting paid for being 'on-call' will he pay the money back if he doesn't get called out?

[mollykins]

But his english isn't the best so he's dictating it to mum, to type out, who isn't really following what he's saying, by making it a lot better, especially with the grammar . . .

[boxtops]

Molly, NHS terms and conditions are generally very clear. Agenda for Change doesn't come into it - AfC is only about pay bands and skills needed for the job, to make sure people doing equal jobs are paid on equal rates, it's nothing to do with hours or overtime which are agreed for individual posts. Most people in the NHS who are front line don't get paid extra for working bank holidays but will get a day off in lieu. He needs to check his staff handbook and his contract of employment will also specify terms for being paid if you work a bank holiday. We all get bank holiday days included in our annual leave allocation now, so if he has to work it, he will get paid the rate for the day but be able to take the bank holiday on another day.

Just a thought - the answer above assumes he is directly employed by the NHS - or does he work for another company who is contracted to the NHS? - if the latter then my answer doesn't apply.

[hc4361]

Don't be daft, craft. The stand by fee is compensation for not being able to drink, not go too far, and not being hungover.

[mollykins]

He's employed by the estates department of the NHS to deal with maintenance of the hospitals in the area.

[boxtops]

Excellent, so NHS terms and conditions will apply, as will the contracts of employment issued by his employing Trust. That's where he needs to go, his Estates department will have a dedicated HR manager. The policies of employment (which will include on-call etc) should all be listed for everyone to view on his employing organisation's Intranet. Better check what is written, and what the organisation is adhering to, before firing off letters to the union. Your dad may be right but it's better to be 100% right by fully checking the policies first.

[redman41]

Your dad should be grateful molly. Father Christmas works without pay every Xmas and doesn't get hom 'till late. His wife divorced him a long time ago as he was never home on the big day.

[mollykins]

And there's something to do with his boses saying that christmas day is only a public holiday, not a bank holiday, but there's something that says that for the purposes or pay and lieu days, they're the same, which he's quoting from something official . . .