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Brian Bingham
Member - 2 posts
As a part-time employee myself, my holiday entitlement is pro-rata and includes a proportion of time off representing statutory holidays i.e. both the holiday allowance and the statutory days are pro-rata'd. Naturally, I am happy with this and have assumed that it is done in order to ensure that part-time workers are available across the whole working week. If public holidays were'nt pro-rata'd, I know I'd want to avoid fixing my working hours for the latter part of the week as there are no "Bank Holiday Fridays" but plenty of Bank Holiday Mondays so I'd be losing out by choosing to work the latter part of the week! So on that basis, it does seem fair, n'est ce pas? Not sure what the legal position is but hope this helps!
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Brian Bingham
Member - 2 posts
I work within a local authority's Drug Action Team providing corporate services in line with the Home Office Workplace Initiative, including drug and alcohol awareness training, substance misuse policy consultation and impartial advice on drug testing.
Every substance will affect each individual in a different way depending on the type and potency of the substance and the tolerance of the individual to the substance. Someone taking a substance for the first time will react in a different way to a substance from someone taking it on a regular basis. Therefore, any test result has to be weighed up on the balance of probability as to whether the person will be able to carry out their work in a safe manner. Thus, any test result should be no more than an indicator that a person has taken a substance, be it an illegal drug or a legal substance taken in an inappropriate manner or at an inappropriate time - e.g. reporting for work under the influence of alcohol.
A test of "reasonableness" would be what an employer does with the results of the test, e.g:
- uses it to substantiate evidence of unsafe conduct
- uses it as a starting point to ask further questions
- uses it as a starting point to recommend further medical support...etc
You may also be interested to look at the findings of the recent Independent Inquiry into Drug Testing in the Workplace, available from the Joseph Rowntree Foundation website www.jrf.org.uk
Hope this helps
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