NHS and annual leave at Xmas

[Panthro]

Posting on behalf of a colleague. Works on a standard 37.5 hour contract under Agenda for Change which means 27 days annual leave and 8 public holiday days. She works on a ward which is mainly elective surgery and is therefore going to close over the Xmas and New Year holidays and has been told to take annual leave.

 

My concern is that there is no contractual stipulation that annual leave must be take over this period or indeed any condition which talks about 'forced' annual leave. I assume I am correct in saying an employer cannot force employees to take annual leave at a particular time unless a condition of contract? Also as I understand it, an employer has an equal obligation to fulfil a contract and therefore should be offered her full 37.5 hours or paid leave if they are unable to give work.

 

Thanks in advance.

Edited November 24, 2011 by Panthro

[becky2585]

Hi there

 

Yep, your thinking is incorrect! The Working Time Regs 1998 actually give an employer the right to request an employee take annual leave on certain compulsory dates, provided relevant notice is given (at least twice the length of the leave requested). They don't necessarily need a contractual provision to enforce this. This requirement can be varied or excluded by a contractual term, however, so she should check her contract for the exact provisions.

 

I presume she has enough annual leave for the year to cover this?

[Panthro]

Thanks for that very helpful response Becky. I didn't even think to look at the WTRs prior to posting. She has annual leave but felt it was unfair to impose it.

[becky2585]

She has annual leave but felt it was unfair to impose it.

 

FWIW, I agree! It is common practice though, unfortunately. I find it particularly unfair where companies impose annual leave on employees (particularly fathers) at crazy times, who then can't go on holiday due to having children who can only go away outside of term time... but that's a whole other kettle of fish which I won't rant about on here

[Kitten1]

I'm not being funny here but, as a nurse myself, I personally would love to be able to take annual leave over Xmas n new year!!

 

If she doesn't want to be off over the holiday period then maybe she could do bank work instead?

[Panthro]

Thanks Kitten, she is actually ok at being off over Xmas and New Year. She was rather worried that this could lead to a slippery slope of being basically told throughout the year when to take her annual leave.

[Kitten1]

My husband and father both have to use some of their leave at Xmas and they are both in very different occupations. It's a common thing.