Holiday and Rest Period Entitlements

June 2021

Dear Member,

As part of our commitment to keeping in touch more regularly, we have been updating you on you entitlements within Tesco, which have been hard campaigned for by you, the members through your Union, Mandate.

Today we cover the topic of Rest Period entitlements in Tesco. The update begins with a briefing on your contractual entitlement to holiday leave.

WHAT IS HOLIDAY LEAVE?

Holiday Leave is the common name for annual leave in Tesco, however they mean the same thing. As part of Tesco and Mandate’s 2006 Collective Agreement your Union negotiated your current holiday leave entitlement, which enhanced the calculation of your pay when availing of holiday leave. Again it’s important to note that reference to annual leave in section 3 of the 2006 Collective Agreement means the same thing as holiday leave in your current Tesco Staff Handbook.

The current holiday year for workers in Tesco runs from 1^st April to 31^st March. Holiday leave payment is accrued based on hours worked over the year, however anyone on protective leave accrues holidays while on leave. Examples of protective leave which were discussed in our previous update, are Maternity Leave, Adoptive Leave, Paternity/Parental/Parents Leave, etc.

DID YOU KNOW THAT HOLIDAYS INCREASE WITH SERVICE?

All full time store employees in Tesco are entitled to the following:

• A minimum of 21 holiday days per year (based on working 5 days per week)
• 22 days after 3 years (based on working 5 days per week)
• 23 days after 5 years (based on working 5 days per week)
• 24 days after 20 years (based on working 5 days per week)

As per the 2006 agreement holiday pay or annual leave pay is based on an average of all earnings over the previous 13 weeks worked. Average pay is based on hours worked and will therefore include overtime i.e. late nights, Sundays and early mornings*.

*13 WEEKS AVERAGE OF ALL EARNINGS TO INCLUDE LATE NIGHTS, SUNDAYS AND EARLY MORNINGS = AVERAGE WEEKLY HOURS WORKED IN THE 13 WEEKS IMMEDIATELY PRIOR TO TAKING ANNUAL LEAVE

WHAT HAPPENS WHEN ANNIVERSARY START DATE FOR WORKER FALLS BETWEEN THE HOLIDAY YEAR?

If your anniversary start date falls between 1^st April and the 31^st March and you don’t have a full years’ service, you will be entitled to a pro-rated increase of holiday days, depending on your entitlement.

SHOULD HOLIDAYS BE ADMINISTERED WITHOUT MY AGREEMENT?

All holiday entitlement should be paid and administered only when you are on holiday leave and with your agreement. Consultation and agreement should take place between you and your direct line manager, prior to availing of leave. It’s illegal for your employer to record you as being on holidays when you are actually in work, such instances should be reported immediately to your local Union Workplace Representative. In the absence of a local Union Workplace Representative, please contact your local Union office (list available here Mandate Local Offices).

Holiday requests should be made on holiday request forms, which should be available from your direct line manager. Always get a copy and do not book your holidays until your request is returned and signed. Always be clear and check your holiday balance before and after availing of holiday leave!

WHAT HAPPENS IF I BECOME SICK DURING MY HOLIDAY LEAVE?

If you do become sick while on holiday leave, please inform your Store Manager/HR Manager as soon as possible and provide the appropriate person with a doctor’s certificate for the period of time confirming your absence.

WHAT ARE PUBLIC HOLIDAYS AND WHAT ARE MY ENTITLEMENTS?

Public Holidays should not be confused with Bank Holidays. There are 9 public holidays every year as follows:

1. 1^st January
2. 17^th March
3. Easter Monday
4. 1^st Monday in May, June and August
5. Last Monday in October
6. 25^th and 26^th December

Mandate members employed after 1996 have an obligation to work public holidays and should be paid time and a half for all hours worked on that public holiday. All members should ensure that they get the correct payment for working the public holiday.

Members are advised to record the public holidays they worked, so to be clear as how many public holidays they are entitled to in lieu and how many they received payment for already. The employer can pay you one of the following ways in relation to your public holiday entitlement:

1. A paid day off on the public holiday
2. A paid day off in lieu within a month
3. An additional days pay
4. Appropriate payment for the hours worked i.e. contractual premiums to apply for working the public holiday on all hours worked. This is contractual and not for management to decide.

DAILY REST PERIODS – WHAT ARE MY ENTITLEMENTS?

In general, you are entitled to a 15 minute break when you have worked for 4 ½ hours. If you work more than 6 hours you are entitled to a 30 minute break, which can include the first 15-minute break. The rest periods set out in the Organisation of Working Time Act 1997 and the Code of Practice on Compensatory Rest Periods See Here are as follows:

• You are entitled to 11 consecutive hours rest in any period of 24 hours
• You should get 24 consecutive hours rest in any period of 7 days and this should normally follow on from one of the 11-hour rest periods mentioned above
• If you are aged 18 years or above then you may not exceed an average of 48 hours over a 4 month reference period.

SPECIAL RULES APPLYING TO SHOP EMPLOYEES

Shop Workers including our members in Tesco who work more than 6 hours and whose hours of work include the period 11.30am–2.30pm are entitled to a one-hour consecutive break which must occur between 11.30am–2.30pm. Click Here for more details. 

Example

If you start work at 7am you are entitled to take a 15-minute break at 11.30am. At 1.15pm when you have worked 6 hours you are entitled to take a break of 30 minutes. As you have already taken a break at 11.15, your employer can limit this break to 15 minutes. (If you are working in a shop you are entitled to a one-hour break at 1.15pm.) If you start working again at 1.30pm or 1.45pm and continue working until 6 or 6.15pm you are entitled to another 15-minute break.

WE CAN HELP!

If you are not getting your appropriate legal rest period entitlement in your store, please make your local Union Workplace Representative or your local Union Office aware or drop us a comment in the box below and we can follow up.