59 Entitlement to alternative holiday if employee on call on public holiday

(1)

This section—

(a)

applies to an employee who is on call only if the public holiday would otherwise be a working day for the employee; but

(b)

does not apply to an employee who is on call if the employee works, or is on call, for the employer only on public holidays.

(2)

If an employee is on call on a public holiday and is called by the employer, or a representative of the employer, to work on that day, the employee is entitled to an alternative holiday in accordance with section 56.

(3)

If an employee is on call and is not called in to work, the employee is also entitled to an alternative holiday if the nature of the restriction imposed by the on call condition on the employee’s freedom of action is such that, for all practical purposes, the employee has not had a whole holiday.

(4)

This section applies in addition to section 50 (which requires payment of time and a half for working on a public holiday).