POA Circulars

43 | 08.06.2015

EMERGENCY MOTION 7 (PLACED AT 10E 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


STEVE GILLAN
General Secretary