Employment laws, agencies, bank holidays etc

[King Herald]

My wife works for a nursing/care givers agency, and occasionally is asked to work bank holidays, public holidays. I vaguely recall there being laws about being entitled to a days holiday on lieu, or double pay or something like that if you work a bank holiday. Is there anything set in legal stone about this, is there any minimum overtime rate, or can the agency basically do what they want and she either accepts it or moves on?

[bga]

There is no right to extra money or TOIL for working bank holidays

eta, I figured I could find a link too

http://www.direct.gov.uk/en/Employment/Employees/W...

Edited by bga on Tuesday 25th November 22:41

[King Herald]

bga said:

There is no right to extra money or TOIL for working bank holidays

eta, I figured I could find a link too

http://www.direct.gov.uk/en/Employment/Employees/W...

Sounds like she's stuffed then. They have asked her to work Xmas day, New Years day, that sort of thing, and they do pay a higher rate for those days, but I was sure I'd heard somewhere that she was entitled to a day off with pay in lieu.

[ewenm]

It all depends on the contract she signed with the agency. All they have to do is meet the terms of that contract.

[Loaded1me]

She will be entitled to holidays. The law now gives part-time workers the same rights as full-time workers. There is currently a minimum requirement of 24 days a year. This can include Bank Holidays (and usually does!) to make up the 24. As far as I'm aware this will rise next year to 28 days. Depending on her contract this may apply.

Edited by Loaded1me on Tuesday 25th November 23:38

[welshbikerduck]

Loaded1me said:

She will be entitled to holidays. The law now gives part-time workers the same rights as full-time workers. There is currently a minimum requirement of 24 days a year. This can include Bank Holidays (and usually does!) to make up the 24. As far as I'm aware this will rise next year to 28 days. Depending on her contract this may apply.

Edited by Loaded1me on Tuesday 25th November 23:38

Correct, i have been doing employment contracts the last two weeks, gone are the days where PT and FT workers had different entitlements.

[King Herald]

ewenm said:

It all depends on the contract she signed with the agency. All they have to do is meet the terms of that contract.

It is a little complicated, because she is basically working for one family, looking after their invalid daughter, but for some legal reasons (to do with compensation for a bungled operation that blinded and brain damaged the daughter) the NHS have agreed to allow the family to operate their own registered business of employing care givers and nurses, using NHS money/grant/compo. They are operating it as a employment agency, and each employee is supposedly working for this 'agency' while in reality they simply do the same job every day.

A little mixed up, but apparently it is the simplest way to get the job done.

But I digress, she did sign a contract at the start, but with incredibly vague terms and conditions, and how legal it was is anybodies guess, so I guess she has to abide by that then.

[Jasandjules]

King Herald said:

But I digress, she did sign a contract at the start, but with incredibly vague terms and conditions, and how legal it was is anybodies guess, so I guess she has to abide by that then.

What does the contract say in terms of Holiday/Bank Holidays etc?