annual leave and suspension

elsien

This has cropped up at work and while I wait the age it takes for HR to decide anything, I thought I'd ask on here.

Colleague has been suspended since April on full pay, then cleared of all allegations. Colleague had annual leave booked while on suspension which they took - ie they went away.
So is there a law or is it down to company policy as to what happens to your annual leave entitlement while suspended?

Because they've now been seconded to me as I'm short-staffed but if none of the leave they had booked while suspended counts, I have to fit 30 days in for them around my other staff's leave as there's a limit to the number of people off at one time but before the end of the year. With no annual leave allowed over Christmas and New Year.
(And from a purely selfish perspective, that rather defeats the object of them coming to me in the first place.)
So just wondering, as I say, what the legalities are so I have an inkling of what HR might come back with. Pondering the practicalities and planning how on earth I'm going to manage it.

Southend1

I think HR are likely to say you have to allow the full leave entitlement. Holiday accrues while on sick leave, maternity etc so it is arguable that it also accrues while suspended.

Takeaway_Addict

Southend1 wrote: »

I think HR are likely to say you have to allow the full leave entitlement. Holiday accrues while on sick leave, maternity etc so it is arguable that it also accrues while suspended.

I tend to agree but is there anything laid down in law? Probably doesn't happen that often but HR I would expect to play on the safe side.

elsien

But what about the weeks they took while suspended? I agree that leave probably does accrue, but would leave taken while suspended count or not, given you're not at work anyway? That's the bit I'm not sure about.

I was thinking that you have to be available for disciplinaries/meetings, so that might be why if you went away then it might count as using up some of the annual leave entitlement? My colleague seems to be under that impression, anyway.

Takeaway_Addict

elsien wrote: »

But what about the weeks they took while suspended? I agree that leave probably does accrue, but would leave taken while suspended count or not, given you're not at work anyway? That's the bit I'm not sure about.

I was thinking that you have to be available for disciplinaries/meetings, so that might be why if you went away then it might count as using up some of the annual leave entitlement? My colleague seems to be under that impression, anyway.

I would expect it maybe the same as illness, if the employee chooses to take holiday that would override suspension. If the employee decides not to take the holiday then it may not.

Though, still expect HR to err on the safe side.

Southend1

I suppose if you have an audit trail to show the suspension was lifted for the duration of the leave but I expect this is unlikely and would be on dodgy ground anyway, legally speaking.

ohreally

elsien wrote: »

I was thinking that you have to be available for disciplinaries/meetings

I would argue that if required, I would be in attendance in any meeting or hearing convened during my suspension.

Hr should have clearly stipulated any and all requirements from the employee during the period of suspension - It is normal for this information to be conveyed to the suspended employee.

elsien

HR generally err on the side of caution, so there goes my budget then!

Edit - I don't recall annual leave info being in suspension letters, but then again I've not looked at them in that depth.

Southend1

elsien wrote: »

HR generally err on the side of caution, so there goes my budget then!

On the positive side, justice has been done. Your colleague was innocent and shouldn't suffer as a result of whatever allegations were made. Inconvenient to your budget but suggests you work for a fair employer.

elsien

Southend1 wrote: »

On the positive side, justice has been done. Your colleague was innocent and shouldn't suffer as a result of whatever allegations were made. Inconvenient to your budget but suggests you work for a fair employer.

This is true, and I'm not trying to wriggle out of it, it's been horrible for the person. Just wish their previous manager had asked them to spread leave out over the year as we're meant to instead of not booking any till August.

mum2one

you have to look at the other side of the coin that the holiday may have been prebooked and then the suspension took place which in theory would over-ride the holiday.

I'm pleased they have been found innoncent, maybe working in the other department isn't a suitable solution (maybe the allegations) and they have got moved to you, if this is the case I would have a word with HR to see if there are adjustments that can be made, as this could affect your budget and hours etc. x