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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Bank Holiday Working and Pay Policy

1. Purpose

The purpose of this Bank Holiday Working and Pay Policy is to provide clear, transparent, and equitable guidance regarding the expectations, entitlements, and arrangements for temporary workers employed by {{org_field_name}} who are asked to work on bank holidays. The policy ensures that all registered nurses, healthcare assistants, and support workers understand how bank holiday assignments are managed, how pay rates are calculated, and what support is available during these periods. Given the nature of health and social care, staffing during bank holidays is essential to the continuity of safe and effective services for vulnerable adults. This policy ensures that {{org_field_name}} complies with the Working Time Regulations 1998 (as amended), the Employment Rights Act 1996, the Agency Workers Regulations 2010, and best practices outlined by Skills for Care and the Care Quality Commission (CQC) Fundamental Standards.

2. Scope

This policy applies to:

• All temporary workers employed by {{org_field_name}}, including registered nurses, healthcare assistants, and support workers on zero-hours or casual contracts
• All bank holidays in England and Wales recognised under the Banking and Financial Dealings Act 1971 and subsequent orders
• All office and administrative staff involved in planning, scheduling, and processing payments for bank holiday assignments

This policy applies to all placements within care homes, nursing homes, and other healthcare settings.

3. Related Policies

• Temporary Workers Terms and Conditions
• Payroll and Pay Accuracy Policy
• Equal Opportunities Policy
• Staff Wellbeing and Mental Health Policy
• Supervision and Appraisal Policy
• Grievance Policy

4. Legal and Regulatory Framework

This policy is underpinned by:

• The Working Time Regulations 1998 (as amended)
• The Agency Workers Regulations 2010
• The Employment Rights Act 1996
• The Equality Act 2010
• The CQC Fundamental Standards
• National Minimum Wage and National Living Wage legislation

5. Definition of Bank Holidays

In this policy, bank holidays are defined as statutory or public holidays officially recognised in England and Wales. These typically include:

• New Year’s Day
• Good Friday
• Easter Monday
• Early May Bank Holiday
• Spring Bank Holiday
• Summer Bank Holiday
• Christmas Day
• Boxing Day

Additional bank holidays may be announced on exceptional occasions by the UK Government (e.g., for royal events or national days of mourning).

6. Requirement to Work on Bank Holidays

Due to the nature of the care sector:

• Temporary workers may be required to work on bank holidays to maintain safe staffing levels in client settings
• There is no automatic entitlement to time off on bank holidays
• Temporary workers are encouraged to communicate their availability for bank holiday shifts well in advance
• Workers may refuse bank holiday assignments without penalty, but this may limit future placement opportunities during peak periods
• The director will ensure fair distribution of bank holiday working across available staff, taking into account personal circumstances, availability, and previous patterns of bank holiday working

7. Pay Rates for Bank Holiday Working

Temporary workers who work on a bank holiday will:

• Receive an enhanced hourly rate for hours worked on bank holidays
• Be informed of the applicable enhanced rate in writing at the time of assignment
• Be paid the enhanced rate regardless of whether the assignment is arranged directly or via a client’s managed service provider

The director will:

• Review bank holiday pay rates annually to remain competitive with market rates
• Communicate pay rates clearly to all temporary workers via assignment confirmations, payroll documentation, and staff communications
• Ensure that all enhancements comply with national minimum wage and agency workers’ rights legislation

8. Equal Treatment under the Agency Workers Regulations 2010

Temporary workers who have completed the qualifying period (12 weeks of continuous placement in the same role with the same client) are entitled to:

• The same basic working and employment conditions as permanent workers doing comparable roles in the client organisation, including bank holiday pay enhancements, rest breaks, and paid leave
• Temporary workers are encouraged to notify {{org_field_name}} when they believe they have reached this qualifying period, so adjustments to pay and conditions can be verified and applied

9. Booking and Allocation of Bank Holiday Shifts

{{org_field_name}} will:

• Plan and advertise bank holiday shifts well in advance wherever possible
• Give priority to temporary workers who regularly work for the client organisation
• Ensure that shift allocation is fair and transparent
• Take into account workers’ personal preferences and commitments where possible
• Manage shift requests efficiently to avoid last-minute cancellations or understaffing

Temporary workers are responsible for:

• Updating their availability in advance
• Responding promptly to bank holiday shift offers
• Honouring accepted assignments unless unavoidable circumstances arise

10. Time Off in Lieu (TOIL)

{{org_field_name}} does not operate a formal Time Off in Lieu (TOIL) scheme for bank holiday working, but:

• Temporary workers who are employed directly by a client organisation (not under {{org_field_name}}) may be subject to client-specific TOIL arrangements
• Temporary workers will receive enhanced pay in lieu of TOIL for bank holiday working

11. Supervision and Support During Bank Holidays

Temporary workers working bank holidays will:

• Have access to the same level of support as during regular working days
• Be provided with emergency contact details for both the client organisation and {{org_field_name}}
• Receive safeguarding, incident reporting, and escalation procedures applicable to bank holiday shifts
• Be entitled to report incidents, raise concerns, or request debriefing and support following challenging shifts

The director will:

• Ensure an out-of-hours on-call system is in place during bank holidays
• Arrange follow-up with temporary workers after any significant incident occurring during a bank holiday assignment

12. Training and Competence

Temporary workers:

• Must be fully trained, competent, and compliant before accepting bank holiday shifts
• Should not undertake duties during bank holidays for which they are not trained or authorised

{{org_field_name}} will:

• Ensure training records are reviewed before booking workers for bank holiday assignments
• Provide client organisations with confirmation of staff compliance where requested

13. Absence, Cancellation, or Refusal to Work on Bank Holidays

Temporary workers may:

• Decline bank holiday shifts without penalty, unless they have already accepted an assignment
• Withdraw from an accepted bank holiday shift only in cases of illness, emergency, or other exceptional circumstances

In the event of short-notice cancellations:

• The temporary worker must notify {{org_field_name}} and the client without delay
• The director will monitor patterns of short-notice cancellations, especially on bank holidays, and may initiate discussions with the worker if necessary

14. Payroll Processing for Bank Holidays

{{org_field_name}} will:

• Ensure that enhanced bank holiday pay is processed accurately and promptly
• Communicate pay dates in advance to all temporary workers
• Address pay queries or discrepancies related to bank holiday work promptly

Temporary workers must:

• Ensure timesheets and records are completed correctly and submitted on time
• Verify pay statements and notify {{org_field_name}} of discrepancies immediately

15. Director’s Responsibilities

As {{org_field_name}} does not have a registered manager, the director will:

• Oversee all aspects of this policy, including rate-setting, shift allocation, and payroll for bank holiday working
• Ensure all workers understand the expectations and entitlements related to bank holiday working
• Act as the point of contact for queries, disputes, or complaints relating to bank holiday assignments
• Maintain transparent records of bank holiday shift allocation and pay rates
• Monitor worker feedback and client satisfaction to improve the planning and management of bank holiday staffing

16. Equality and Fairness

{{org_field_name}} will:

• Apply this policy fairly to all temporary workers
• Avoid discrimination based on age, gender, race, disability, or other protected characteristics when allocating bank holiday shifts
• Make reasonable adjustments for workers with specific needs or protected characteristics under the Equality Act 2010

Temporary workers are encouraged to:

• Raise any concerns about bank holiday shift allocation or conditions via the Grievance Policy or Whistleblowing Policy if applicable

17. Continuous Improvement

The director will:

• Review this policy annually or earlier if required by changes in legislation or feedback from workers and clients
• Consult with temporary workers and clients when reviewing bank holiday arrangements
• Adjust rates, processes, and shift management practices as necessary to ensure the continued quality of service and staff wellbeing

18. Policy Review

This policy will be reviewed annually by the director of {{org_field_name}} or sooner if legislative changes or operational learning require. Updates will be communicated to all temporary workers and clients.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.