Teachers rights to take Annual leave

 Can my FE college force us to work during the summer holidays because applications are down due to Lovkdown?

Comments

  • ToxicWomble
    ToxicWomble Posts: 882 Forumite
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    Yes - any employer legally can dictate when (and when you don’t) take annual leave
  • General_Grant
    General_Grant Posts: 5,245 Forumite
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    nodplod99 said:
     Can my FE college force us to work during the summer holidays because applications are down due to Lovkdown?
    Look at the documents which comprise your written particulars of employment.
  • 74jax
    74jax Posts: 7,930 Forumite
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    nodplod99 said:
     Can my FE college force us to work during the summer holidays because applications are down due to Lovkdown?
    Have they said when you can take your holiday instead? 
    Forty and fabulous, well that's what my cards say....
  • liney
    liney Posts: 5,121 Forumite
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    edited 3 May 2020 at 9:27AM

    Teachers'  break in the summer is not annual leave - it is time that they are not paid for as they are paid to be at work for 195 days a year, so if you were in a primary or secondary school under LEA rules I'd say no, they cannot without paying you additional days, and this would need to be agreed, as per current union advice. It is the reason the government has stated that school will not be open during the summer.


    However, as a FE lecturer, I'm not sure if you are under the 'burgundy book'? Of course they can't just take your holiday - they must allow it to be taken at another time. How do they propose that happens if you are going to be in college teaching during term time.

    Best advice is to speak to your union without delay!

    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • Undervalued
    Undervalued Posts: 9,479 Forumite
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    liney said:

    Teachers'  break in the summer is not annual leave - it is time that they are not paid for as they are paid to be at work for 195 days a year, so if you were in a primary or secondary school under LEA rules I'd say no, they cannot without paying you additional days, and this would need to be agreed, as per current union advice. It is the reason the government has stated that school will not be open during the summer.


    However, as a FE lecturer, I'm not sure if you are under the 'burgundy book'? Of course they can't just take your holiday - they must allow it to be taken at another time. How do they propose that happens if you are going to be in college teaching during term time.

    Best advice is to speak to your union without delay!

    The rules allowing carry over of statutory annual leave have been significantly relaxed due to the current "crisis". So whilst yes, they must allow the employee to take statutory leave at some point, they may be able to spread that out over quite some time. Obviously if the employee were to leave with holiday owing the employer must pay them for it.
  • 74jax
    74jax Posts: 7,930 Forumite
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    liney said:

    Teachers'  break in the summer is not annual leave - it is time that they are not paid for as they are paid to be at work for 195 days a year, so if you were in a primary or secondary school under LEA rules I'd say no, they cannot without paying you additional days, and this would need to be agreed, as per current union advice. It is the reason the government has stated that school will not be open during the summer.


    However, as a FE lecturer, I'm not sure if you are under the 'burgundy book'? Of course they can't just take your holiday - they must allow it to be taken at another time. How do they propose that happens if you are going to be in college teaching during term time.

    Best advice is to speak to your union without delay!

    Quite, I asked the op when they were allowed to take their annual leave as I presumed they had some booked and couldn't take it. 
    We really need the op to come back and add more. 
    Forty and fabulous, well that's what my cards say....
  • liney
    liney Posts: 5,121 Forumite
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     The rules allowing carry over of statutory annual leave have been significantly relaxed due to the current "crisis". So whilst yes, they must allow the employee to take statutory leave at some point, they may be able to spread that out over quite some time. Obviously if the employee were to leave with holiday owing the employer must pay them for it.

    If she is a teacher with normal conditions, then the time she is referring to is not statutory leave though, it is unpaid time in the year, so the question is actually, 'Can my employer force me to work 6 weeks without pay?'

    If she is not covered by normal teachers' conditions, the issue will still become - "But but can't have holidays in term time...." 

    Union now! Agree to nothing, yet.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
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