Ballot - Industrial Action
Attached overleaf is the Returning Officer’s Declaration of the Ballot regarding Industrial Action.
As is apparent, the result is an overwhelming endorsement of the Committee’s recommendation.
Final consideration of the details and timing of the action to be undertaken, and the Notice
requirements, are near to completion and members will be advised accordingly.
Four Weeks Annual Leave - 1 April 2007
From 1 April 2007 the Holidays Act provides a minimum Annual Leave entitlement of 4 weekson the anniversary date of next becoming entitled to Annual Leave.
Whether or not the current entitlement of Annual Leave – 14 days every 160 days – is sufficient to meet this new minimum entitlement depends on the status of Days in Lieu for working Public Holidays.
Clearly if the Fire Service is correct and these Days in Lieu are accommodated within the 14 days every 160, then there are insufficient days to provide for the 4th week.
As the law currently stands – i.e. as in the majority Court of Appeal decision, the 14 days every 160 does incorporate the Days in Lieu.
This will be the legal position unless and until the Supreme Court overturns the Court of Appeal decision.
Consequently, the Fire Service has advised the Union that unless and until the Supreme Court overturns the present position, they intend to provide an additional 7 days Annual Leave – essentially 1 set of shifts – when someone next becomes entitled to Annual Leave.
This additional entitlement will remain unless and until the Supreme Court overturns the Court of Appeal decision.
The Union understands that the Fire Service intends to promulgate this advice shortly.