Bank Holidays And Sundays?

[smok3y666]

I work for Parcelfarce but am based at Screwfix. At Screwfix there is us and Fedex/ANC who have just lost their part of the contract and it has been awarded to PF. At the end of the month Fedex/ANC will no longer be with us at Screwfix. Fedex/ANC covered the Sundays and Bank Holiday work because RM do not work these days but we have been told that we will now have to work Sundays and Bank Holidays as we now have the full contract. Can we be MADE to work these days or would it have to be done as an overtime thing? We have also been told there might be a manager there from the end of the month. Could PF pick one of the Fedex/ANC people to be the manager if they set them on instead of recruiting new people? If they did set the redundant Fedex/ANC staff on would they have to adhere to RM's policy of a 6 month trial period? Their manager seems to think they will just be set on with a full contract and their current length of service etc... will be carried over to PF. Example: the Fedex/ANC manager has 20+ years of service and has 3 years to retire. He says when he joins PF his 20+ years will be carried over as if he had been with PF for 20+ years?

Please could someone answer these questions? We have asked and asked but NO ONE will answer our questions.

[TrueBlueTerrier]

If the same people are being employed at the same site and on the same job (type not actual duty) then they may come under the TUPE regulations.

Check these pages out:

http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm" onclick="window.open(this.href);return false;

http://www.tssa.org.uk/article-170.php3?id_article=1362" onclick="window.open(this.href);return false;

[smok3y666]

Yes, they will be doing the same job as before. That clears that one up. What about Sundays and Bank Holidays?

[TrueBlueTerrier]

All I can find on that is http://www.direct.gov.uk/en/Employment/ ... G_10028516" onclick="window.open(this.href);return false;

Can you be made to work on Sundays?

You should check either your contract of employment or written statement of terms and conditions to see if you must work on Sundays or would have to if you were asked. If it says so, you will have to work on Sundays. If it doesn't, then the only way of making you work on that day is by a change to your contract. This is something that must normally be agreed by both you and your employer, otherwise making you work on Sundays would amount to a breach of contract.

There are special rules for shop and betting workers - see Special rules if you are a shop worker or work in betting below.

I will keep looking at Bank Holidays, although I suspect as your current contract will stay extant till you agree and/or sign a new one.

[smok3y666]

I will check my contract, I've got it lying around somewhere. I'm sure it says just Mon-Fri tho.

With regards to a previous question, if the Fedex/ANC people are taken on does and there contracts continue as is does it mean that the manager they currently have could effectively become ours?

[TrueBlueTerrier]

I will check my contract, I've got it lying around somewhere. I'm sure it says just Mon-Fri tho.

With regards to a previous question, if the Fedex/ANC people are taken on does and there contracts continue as is does it mean that the manager they currently have could effectively become ours?

That would depend upon their contract, but if PFWW employ him as a manger then yes I suppose it could happen

But as I say with the BH/Sun Working and your manger it all depends upon the different contracts so it would be a good idea to keep an eye on it and get your reps at various levels involved as well.

[smok3y666]

I'm not currently in the union. I have looked through my contract T&C's and I cannot find anything in there to do with Sunday working but it does say under holiday entitlement that I get my 4.5 weeks or whatever it is plus the additional public bank holidays. So providing it says that in the T&C's that I have supplied with my contract they cannot make me do the Bank Hols?

I also have a question on OT. Could you tell me what the Sat and Sun rates should be? Just need to check it for someone. Is it time and a third for Sat and time and a half for Sun?

If people do have to work Sundays and Bank Hols would they get any enhancement? Or if it's just written into there contract and is part of their normal hours then I suppose it's just tough luck?

With regards to the manager issue: would he not be required to complete a 6 month probationary period? I have nothing against the bloke personally but he doesn't exactly pull his weight with regards to work.

[TrueBlueTerrier]

I'm not currently in the union. I have looked through my contract T&C's and I cannot find anything in there to do with Sunday working but it does say under holiday entitlement that I get my 4.5 weeks or whatever it is plus the additional public bank holidays. So providing it says that in the T&C's that I have supplied with my contract they cannot make me do the Bank Hols?

I also have a question on OT. Could you tell me what the Sat and Sun rates should be? Just need to check it for someone. Is it time and a third for Sat and time and a half for Sun?

If people do have to work Sundays and Bank Hols would they get any enhancement? Or if it's just written into there contract and is part of their normal hours then I suppose it's just tough luck?

With regards to the manager issue: would he not be required to complete a 6 month probationary period? I have nothing against the bloke personally but he doesn't exactly pull his weight with regards to work.

Thats all PF stuff to be honest and I am lost with that - hopefully a passing rep on here should be able to advise, if not then it may be worth contacting the nearest PF rep who hopefully will know.

Sorry

[brunswick]

sounds like he has the necessary qualifications to do the job