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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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