Shift Workers Public and Bank Holidays

Public and Bank Holidays

The statutory right to Public and Bank Holidays is covered under Article 11(1)b of the Employment (Jersey) Law 2003. 

In June 2006 the Employment Tribunal were asked to give interpretations on 2 specific queries relating to full time employees covering a 24 hour 365 day shift roster:

Renehan Vs G4s Security Services (Jersey) Limited (case number 0602026/06) – shift worker whose unpaid rest day falls on a Bank or public holiday;

Mila Vs G4S Security Services (Jersey) Limited (case number 0304050/06) – Christmas Day falling on a rostered rest day with is also a Sunday;

The Claimant works on a shift pattern that operates for 365 days of the year, and receives rest periods as per Article 10 of the Law, which requires all employees to receive a weekly rest period (generally an uninterrupted rest period of not less than 24 hours in each 7 days period – or by agreement 48 hours in a 14 day period). This allows some structure to those employees working on shift patterns. 

Shift patterns of this nature will obviously cover days that are Bank/Public Holidays. The Tribunal stated that there is a difficulty if by some chance an employee’s rest day fall on such a Bank/Public Holiday – so therefore the employee is not required to work that day. Article 11(1)(b) of the Law refers to a day off being taken in lieu of a Bank/Public Holiday if the employee is required to work on such a day.

The following statement is lifted directly from the Judgment given by the Tribunal:

The Tribunal considers that it was the intention of the legislature that all Holidays be given to all employees and in addition to other paid holiday leave. It would be perverse if by some quirk, shift workers, who rest days unfortunately fall on a Holiday, should not benefit from an additional days holiday like other members of the workforce.

The Tribunal found that the wording of Article 11 is very clear in that the days listed in Article 11(1) (b) (Christmas Day, Good Friday, and all public or bank holidays under the Public Holidays and Bank Holidays (Jersey) Law 1951), are in addition to paid annual leave. Therefore it would only be fair and equitable that those employees who work shifts benefit from these provisions as well.

Therefore as an interpretation of Article 11(1) the Tribunal stated the following:  

• To an unpaid rest day and
• To a day off in lieu of the Holiday, to be paid at his usual daily rate of pay

that a shift worker who is rostered to work, say, Good Friday, shall be entitled:  

• To be paid for a day’s work, and
• To receive a day off in lieu of the Holiday that he worked, and
• To be paid as his usual daily rate of pay for such a lieu day.

Background (Mila)  

The Claimant works in a Division of the Employer that operates a shift system to cover every day of the year, On 25 December 2005, the Claimant was rostered to have this day as his rest day (as under Article 10 of the Law).  

The Public Holidays and Bank Holiday (Jersey) Act 1952, states that Christmas Day is by customary law taken as a general holiday. In 2005, Christmas Day fell on a Sunday – and therefore with regard to the above Act, Tuesday 27 December 2005 was appointed a public holiday – and every day appointed in such a way is to be observed as a public holiday and is also to be observed as a bank holiday.  

The Employer treated 25, 26, 27 and 28 December 2005 as bank holidays, this would entitle any employee required to work on any of these days to:  

A day’s pay

A day’s paid leave which could either be:

            Banked with their annual leave OR

Sold back to the Employer for a day’s pay (therefore by his own request the employee would receive double time).

See notes 1 and 2.

The Public Holidays and Bank Holidays (Jersey) Law 1951 (Article 2) specifically refers to Christmas Day as being a generalholiday – and it is not included in the Schedule of public holidays to be observed each year. The opinion of the Tribunal is that Article 11(1)(b) of the Employment (Jersey) Law 2003 reflects the above and that as a customary holiday Christmas Day should be given as a day off work, but this does not make it a public holiday (this is why additional days are given e.g. 27 December 2005 is declared a holiday if Christmas Day falls on a weekend). The rest day of employees whose work involves shift patterns would not necessarily fall on a weekend – as reflected in Renehan. By pure coincidence Mr Mila’s rest day for the working week leading up to Christmas fell on Sunday 25th December 2005 – the same as any other employee whose normal working week would be Monday to Friday, and therefore unpaid. However the Employer in this case had decided to treat 25 December 2005 as a Bank Holiday.  

The Tribunal found that the Employer was mistaken in treating Sunday 25 December 2005 as a Bank Holiday – as this was compensated for by Tuesday 27 December 2005. But by doing so the employer gave all its employees working that day the benefits of a Bank Holiday and therefore it would follow through from the decision made under Renehan that the Claimant is also entitled to a paid day’s holiday in lieu of such Bank Holidays, to bring him into line with all the other employees.   

Note 1: If the Employer had not made this decision the Tribunal would have found that Mr Mila would not have been entitled to a day’s paid leave in lieu of Christmas Day as it was in fact his rest day – as it was for many others in the working population.     

Note 2: The Tribunal in it’s deliberations of this claim stated that an Employee can ’sell back’ his lieu hours for working a Bank Holiday and receive payment, therefore, in effect, receiving double time for the hours worked. It is important for Employers to note though that is the choice of the Employee and cannot be just taken as the norm. JACS advice would be to make Bank and Public Holiday arrangements clear and in writing. If the employer would find it helpful to the efficient running of the business, include a statement that, when a Bank Holiday is worked, time off in lieu for such days can be paid if an employee requests such in writing.