§ Lord Lairdasked Her Majesty's Government:
Further to the Written Answer by the Baroness Farrington of Ribbleton on 17th April (WA 80) regarding the implementation of Regulation 16 of the Working Time Regulations (Northern Ireland) 1998, whether the nature of the complexity of Regulation 16 could be explained and a list supplied of when each health trust in Northern Ireland expects to operate the regulation fully. [HL2160]
§ Baroness Farrington of RibbletonThe Working Time Regulations (Northern Ireland) 1998 supersede the current arrangements which calculate pay during periods of annual leave on the basis of basic earnings. Under the regulations staff are now entitled to a week's pay in respect of each week of leave. A week's pay is to be determined in accordance with Articles 17 to 20 of the Employment Rights (Northern Ireland) Order 1996. The articles do not clearly define a week's pay. Difficulties arise in determining what payments are to be included in the calculation due to the 24-hour nature of the service provided by the HPSS and the wide variety of working patterns, which include shift work, night work, weekend and public holiday working, standing-by and sleeping-in duties.
Regional negotiations are expected to take place with staff representatives in early May with a view to reaching agreement on the definition of a week's pay. Trusts would then implement any agreed arrangements as soon as possible thereafter.