Working on annual leave

[answer=42]

We've just had two guys work their leave weeks, one worked 5 days and one all six.
Something about this seems wrong from a couple of angles but is it wrong from a union agreement aspect?

[houseoflords]

Can I have their weeks leave credited to me? They don't seem to want it, plus it will come in handy. What's wrong with these people comming in on their week off, people fought long and hard to get paid holidays in this captalist country and now they don't want them!!

[aiden01]

afaik you are not allowed to work when on leave

[Deadly]

Why on earth would you do that?

[lala]

I'm sure they can work it, but they get the AL credited back.

They can't (or shouldn't) be getting the work on overtime - at least that's what its like at my DO.

Also you would take a big tax hit if it OT.

[IcanthelpthewayIam]

From a legal point of view It is actually perfectly legal to work your annual leave as long as its the posties own choice, no laws are being broken

However it is against a national agreement between RM and CWU so it should not be happening and the reps should be challenging it when it does

[TrueBlueTerrier]

Interesting article on this subject http://www.personneltoday.com/hr/legal- ... n-holiday/" onclick="window.open(this.href);return false;

Legal opinion: Working while on holiday

By Joanna Marshall on 20 Aug 2012 in Employment law, Legal opinion, Opinion, Wellbeing, Working time regulations
wpid-holiday-retirement.jpg
The economic downturn has led to a rise in unemployment and an associated increase in competition for jobs, as well as an increase in workload and pressure on workers. Together with developments in technology, such as wi-fi and smartphones, this has led to a culture of people working outside their core hours and even working on holiday. Joanna Marshall of Charles Russell LLP looks at the legal risks to employers of employees carrying out work while on annual leave.

August is traditionally the peak holiday season in the UK but, according to a 2,500-strong poll recently commissioned by Regus, instead of resting, 39% of employees will be working up to three hours each day while on holiday and 8% will be working more than three hours per day. In addition, of those surveyed, 25% declared that they would be operating on a slightly reduced “business as usual” while on their holiday.

Under the Working Time Regulations 1998, workers are entitled to 28 days’ paid holiday per leave year including bank holidays (or the equivalent pro rated amount for part-time workers), although they can receive additional holiday under their employment contracts. The legal entitlement to holiday is intended to provide people with a period of rest from work. As Lord Justice Mummery stated in the recent case of NHS Leeds v Larner, the purpose of paid annual leave “is to enable a worker to enjoy rest, relaxation and leisure: it is for the protection of health and safety” and this is why pay in lieu of statutory holiday is prohibited except where a worker’s employment is terminated.

The impact of employees working on holiday

While it is very easy with today’s technology to work on holiday, if workers are not able to switch off and relax then they are less likely to return to work feeling re-energised and motivated, and productivity is therefore likely to suffer. There is also a risk that staff who work while on holiday will not get the health benefits of a complete break and will, as a result, go on to develop stress-related ill health. Working on holiday can also interfere with precious family time and can therefore have a detrimental impact on relationships and potentially cause further stress. Stress is the main cause of long-term sickness absence in the UK and can affect the productivity and profitability of a business.

That said, for some, working on holiday is less stressful than the pressures of getting things done before going away or returning to a mountain of work afterwards. In addition, for executives and small companies, working on holiday may be essential for the smooth running of their business.

Legal risks to the employer

It is not possible for employees to contract out of their statutory holiday entitlement. Therefore, there is a risk, although as yet untested, that if workers are required or pressurised to work while on holiday they could bring a claim that their employer refused to permit them to take their statutory holiday entitlement in breach of the Working Time Regulations. However, if workers choose to work while on holiday, although they are not required to do so by their employer, then they will not be able to bring such a claim.

There is also a risk that employees who work on holiday may develop stress. Further, if a culture of employees working while on holiday develops it is likely to set a dangerous precedent that employees are “on call” at all times and thereby significantly increase the likelihood of the workforce being affected by work-related stress.

Under health and safety legislation there is a general duty on employers to ensure, so far as is reasonably practicable, the welfare of all their employees at work. Employers also have a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. Breach of health and safety legislation could result in criminal sanctions, although this is unlikely in the context of employees working while on holiday.

However, employers are also under a common law duty to take reasonable care for the health and safety of employees in the workplace. Therefore, employees suffering from work-related stress could bring personal injury claims against their employer. In addition, anxiety, stress and depression having a substantial and long-term adverse effect on an employee’s day-to-day activities may amount to a disability under the Equality Act 2010. In such circumstances, employers are exposed to possible claims for failure to make reasonable adjustments.

'Way Forward' agreement under the section 'Taking Leave' it says -

"Employees may not attend the office whilst on annual or other leave. This means that employees may not attend the office to work overtime or Scheduled Attendance"

[answer=42]

Right. They were working on OT, one guy being paid over 80 hours. The article posted by TBT is really interesting, especially the bits referencing people going off with stress and such 'invitations' to work OT whilst on leave becoming routinely accepted as normal behaviour. We've got at least 2 people off sick with stress at the moment, I wonder how their working/leave pattern looks.

Union rep questions then. How does the union rep (or possibly health and safety rep) take this forward because it does seem to be developing as a routine in our office.

Personally my concerns are that people need to take a rest, it's why we have leave and sometimes people don't actually realise that they need to take a break and recharge the batteries until they've been off for a couple of days.

A more minor other concern is that these guys do loads of OT all the time. Other people don't get the chance to work as much OT and they can't even get it when these guys are supposed to be on leave!

[IcanthelpthewayIam]

Union rep questions then. How does the union rep (or possibly health and safety rep) take this forward because it does seem to be developing as a routine in our office.

Rep needs to lodge a stage one disagreement over it

Personally my concerns are that people need to take a rest, it's why we have leave and sometimes people don't actually realise that they need to take a break and recharge the batteries until they've been off for a couple of days.

Its not your place really to police this for this reason, its down to the individual them self if they want a break or to work their holiday, not your place to interfere on how they run their own lives, at the end of the day other people in your office may have second jobs which they continue to work whilst on annual leave exactly same situation just working in a different place, are you going to go out of your way to try and stop them being able to work there as well? as TBT article says, workers can choose to work their holiday they just have no come back if they do

A more minor other concern is that these guys do loads of OT all the time. Other people don't get the chance to work as much OT and they can't even get it when these guys are supposed to be on leave!

This however is something you can concern yourself with, OT should be distributed fairly in the office, the use of an aggregate system to ensure everyone gets a share of the over time is a good way to ensure that, again if people are not getting a share of the OT they should either raise a grievance them self or get rep to put in a disagreement about it.

[Mr_Pink]

I know theres a ruling awaiting judgement, but what about P/T guys thats can't afford to not do some hours on A/L? Yes its nice to have time off, but not if it places you in a financial predicament!

[Law7]

I know theres a ruling awaiting judgement, but what about P/T guys thats can't afford to not do some hours on A/L? Yes its nice to have time off, but not if it places you in a financial predicament!

As a part timer myself I completly agree with you, i dont earn enough on my basic salary so have to top it up with OT and have to do even more OT because of wage/tax deductions.

I asked to work my leave as OT but was refused.

So I'll be picking up extra shifts at my second job