NHS Annual Leave Employment Rights

VirginiaApril

Dear all

I would be grateful to have your views on the following:

I have just started a new job working for the NHS. My employment contract states I am entitled to 27 days annual leave plus bank holidays. However, I have been advised as I started on the 16th of October I will not receive any annual leave for the month of October. The staff annual leave handbook states the following:

“Calculating annual leave for starters and leavers
For the purposes of new starters to the Trust, leavers from the Trust and any changes in employment all annual leave will be calculated in accordance with completed month’s service. New starters and employment changes will be calculated with effect from the first of the following month.”

From my experience working in other NHS trusts and other non-governmental companies is that the accrual annual leave starts on day 1 of a new post. E.g. I started my current post mid-month on 16/11/17 so I worked roughly ½ half of the month of October, so should receive +/- 50% of 1 month’s worth of annual leave.

If one does not accrue annual leave from day 1 would this not be a breach of employment law? e.g. if someone starts a role mid-way through the month and ends mid-way through a month they would be losing 1/12th of their legal annual entitlement).

I contacted HR but got a frosty and defensive response stating that the Trust is complaint with Employment laws. The HR adviser mentioned the Working Time Regulations so I had a look at them. The regulations state the following:

‘(5) Where the date on which a worker’s employment begins is later than the date on which (by virtue of a relevant agreement) his first leave year begins, the leave to which he is entitled in that leave year is a proportion of the period applicable under paragraph (2) equal to the proportion of that leave year remaining on the date on which his employment begins.
(6) Where by virtue of paragraph (2)(b) or (5) the period of leave to which a worker is entitled is or includes a proportion of a week, the proportion shall be determined in days and any fraction of a day shall be treated as a whole day.’

I interpret the above as the employee accrues annual leave from day 1 of their employment and that it should be calculated pro-rata. Or am I wrong?


Many thanks for any advice you can provide.

anamenottaken

Working Time Regulations re holidays relate to statutory holiday only. In the NHS you receive more than that. As long as the actual holiday you receive meets those minimum statutory allowances, they can apply whatever rules they like to the additional, contractual, leave.

Silvertabby

27 days annual leave plus Bank holidays is something that most people can only dream of.

Stop moaning and count your blessings.

TELLIT01

VirginiaApril wrote: »

I interpret the above as the employee accrues annual leave from day 1 of their employment and that it should be calculated pro-rata. Or am I wrong?


Many thanks for any advice you can provide.

Yes you are wrong. The HR department has provided you with an accurate response. The 'frosty' nature of that response possibly being created by a new employee trying to tell them their job.

Comms69

HR are correct, you receive (and so do I, given we both work for the NHS) much more than the statutory minimum, it goes up to 33 days + BH after 10 years (29 + BH after 5) so I agree with the sentiment, count your blessings

VirginiaApril

Silvertabby wrote: »

27 days annual leave plus Bank holidays is something that most people can only dream of.

Stop moaning and count your blessings.

I was not moaning and don't appreciate that characterisation. All I was doing was politely asking for advice. Lets please be nice and courteous to our fellow forumites.

getmore4less

As worded the policy is not legal but would not effect many people.

Someone working from the 2nd of a month to the 27th(-30th) of the next month would get no holidays when they would be due statutory min of around 4.5 days.


Even in environments that offer more than statutory completed calendar months accrual for starter/leavers is not good practice.

VirginiaApril

anamenottaken wrote: »

Working Time Regulations re holidays relate to statutory holiday only. In the NHS you receive more than that. As long as the actual holiday you receive meets those minimum statutory allowances, they can apply whatever rules they like to the additional, contractual, leave.

getmore4less wrote: »

As worded the policy is not legal but would not effect many people.

Someone working from the 2nd of a month to the 27th(-30th) of the next month would get no holidays when they would be due statutory min of around 4.5 days.


Even in environments that offer more than statutory completed calendar months accrual for starter/leavers is not good practice.

Finally someone that seems to understand what I was trying to express :-) . I wasn't 'trying to teach HR how to do their job' and I wasn't complaining I don't get enough holidays. I am concerned whether the matter is legal or not. No organisation should apply the rules as they please.

I have been told by many colleagues that the changes in annual leave occurred when HR adopted a new computer system.

Whether it is related to computer system or not I would invite those of you that do not think I should be asking this question and should be grateful to imagine the following: imagine a new computer system comes into your place of work and payroll is not able to process part months. So lets pretend you started mid-month (because that's when your induction was) but you don't get paid for the 1/2 a month because the computer says no. Should this be accepted and should you be grateful that you will eventually be paid for next month's work?

Cheeky_Monkey

VirginiaApril wrote: »

I contacted HR but got a frosty and defensive response stating that the Trust is complaint with Employment laws.

My view is that, judging by their response to you, you have already blotted your copy book and can probably start looking for another job as I don't hold out much hope of you keeping this one.

Red-Squirrel_2

Silvertabby wrote: »

27 days annual leave plus Bank holidays is something that most people can only dream of.

Stop moaning and count your blessings.

Not many employees do as many unpaid hours as NHS staff, certainly not for the kind of salaries most are on.

VirginiaApril

Totally agree! We don't rush home when emergencies pop up. Or clock out bang on 5pm. Most of us go the extra mile.