1. Introduction

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

2. Scope

The policy applies to all grades 1 to 5 staff, particularly those working shift patterns or work that is ongoing irrespective of the status of the day, i.e. there may be an expectation to work during bank/public holidays.

3. Aims

To clarify the special payments to be used for bank/public holidays, special days/day in lieu of special days, and overtime working.

4. Guidelines

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

4.1 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.

4.2 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 (section 6) and time off in lieu (section 7).

4.3 Where a shift crosses from a bank/public holiday into a normal working day (or vice versa), only the hours that fall into the bank/public holiday will be paid at an enhanced rate.

5. Christmas Day, Boxing Day and New Year's Day

5.1 Subject to the requirements in section 4, where an individual works on Christmas Day (25th December), Boxing Day (26th December) or New Year’s day (1st January), they will be eligible for a bank/public holiday enhancement and time off in lieu.

5.2 In addition, where Christmas Day, Boxing Day or New Year's Day fall on a Saturday or Sunday, any public holidays in lieu of these days will also be eligible for an enhanced payment and time off in lieu.

5.3 All other University Christmas closure days are counted as normal working days and are not eligible for an enhanced payment or time off in lieu.

6. Bank / public holiday payments

6.1 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 Christmas Day, Boxing Day and New Year’s Day	2 times plain time* rates	Plain time* plus 1 x plain time*
Special days only Christmas Day, Boxing Day, New Year’s Day plus any public holidays in lieu of these days	3 times plain time* rates or plain time* off in lieu	Plain time* plus 2 x plain time*

*Plain time is your normal basic hourly rate.

6.2 All hours worked on these days up to 37 hours per week. i.e. 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.

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

7.1 TOIL will be granted in addition to the % multiplier enhancement for all public holidays (including any public holidays in lieu of Christmas Day, Boxing Day and New Year's Day).

7.2 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.

8. Overtime working

8.1 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.

8.2 Overtime and Bank Holiday payments - Overtime payments will be namely:

Occasion	Enhanced 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 (excluding Christmas day, Boxing day and New Year's day	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 plus any public holidays in lieu of these days)	3 times plain time* rates or plain time* off in lieu	Plain time* plus 2 x plain time*

*Plain time is your normal basic hourly rate.

9. Approval

This guidance note complements the Framework Agreement and associated documents and was consulted at the Policy SIG JNCC meeting of 25 November 2021.

10. Review by date

This guidance will usually be reviewed as a minimum every three years or in response to revised legislation and applicable standards and guidelines, whichever is sooner, to ensure that this guidance still meets the University's needs.

11. Related documents

Enhancements for overtime and for unsocial and variable hours

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Document control

• Approved on: 7 December 2021