POA Circulars

43 | 08.06.2015


At the POA 76th Annual Conference the following Emergency Motion was accepted by Conference and now forms part of POA Policy.

“In light of the recent 0% Pay Award for the majority of staff, Conference urge all Branches to ensure that they only work/operate shift patterns and profiles which are entirely compliant with Bulletin 8 and the European Working Time Directive, except where there is a National Collective Agreement in place or an individual opts out”.

The following is a list of issues that branches may wish to consider when discussing local shift patterns and profiles with management.

Under the Working Time Regulations 1998:-

  • All workers are entitled to a minimum period of 11 consecutive hours daily rest.
  • Adult workers are entitled to a rest break of a minimum of 20 minutes during any working day longer than 6 hours.
  • Workers are entitled to a minimum uninterrupted weekly rest period of 24 hours, which must in most cases be consecutive to a daily rest period, but which may be averaged over a period of 14 days.
  • The average working time of an adult worker (averaged over a reference period of up to 4 months) must not exceed 48 hours.
  • Individual adult workers may agree in writing to work more than 48 hours a week on average.
  • The normal working hours of adult night workers (those who work at least 3 hours during the period of 11 pm to 6 am or other agreed period of night ‘as a normal course’) must not exceed an average of 8 hours in each 24 hours averaged over 17 weeks.
  • The actual working hours of a night worker whose work involves special hazards or heavy, physical or mental strain (as established by a collective or work force agreement or risk assessment) must not exceed 8 in any period of 24 hours in which the worker performs night work.
  • Every worker is entitled to 5.6 weeks paid annual leave in each leave year.
  • The rate of payment for paid leave is a week’s pay per week of leave or additional leave, or pro rata for periods shorter than a week.
  • On termination of employment a worker must be paid in lieu of untaken leave.

I can confirm that NOMS has been advised of this policy and implications for their staff.

Please draw the contents of this Circular to your members attention

Yours sincerely

General Secretary