To think DP should be paid all his annual leave?

[RueLaChesty]

Have also posted in Chat

Was just wondering if someone can offer some insight/advice?

DP is an RMN for a private hospital and started in January. Their holiday year goes from May to May. DP accrued 72 hours annual leave but could not take this as policy is for only one nurse to be on leave at a time, he couldn't fit his AL in anywhere before the end of May. He is not the only one in this position but no one else seems to be fighting the issue. The staff worked out that they would need 1.5 times the staff they have now to ensure everyone gets their entitled annual leave.

He was advised in May to write to HR to see what would happen, if they would just pay his AL or not. He has received response back saying that he now needs to contact his own line manager direct and its at her discretion.

He approached his line manager and she asked that he write her a letter (they work in the same unit) and she hinted that he might only get 35 hours of this paid back.

Now what is DPs position here? He has holiday request forms that have been refused so has proof that he tried to take his leave. He wants to write a letter in a way that states his case but also that he will take things further if he is not paid his entitled leave but also doesn't want to get on the wrong side of anyone.

any advice would be welcome.

I don't know the answer to your question, but is he a member of the RCN? If he is, they will be able to help him. If not, then perhaps you could contact ACAS.

Get him to join the RCN at the earliest possible opportunity. No nurse should be working without being a member of a union these days. You need that level of protection.

well herein lies the problem with my dear, dear DP. He THINKS he is a member! What hope is there!

He does get RCN papers through so i assume so. I'll make him call tomorrow for advice but he doesn't want to get them involved just yet, just to know that he can use the threat of getting them involved.

unions can advise how to phrase and write things without 'being involved' ask them

If he is a member surely it would show payment on his wage slip? Mine job the union charge and it clearly states on my pay slip the amount I pay under the deductions.

As for there not being enough staff for everyone to actually be able to take their annual leave with the policies that have been set - its a bit like enid blytons far away tree which was nonsensical.

He might want to give acas a ring and ask them for advise on the situation - they are usually very helpful

In the company I currently work for, all annual leave has to be taken by year end, you can't carry it over, or get paid for days not taken.

Having said that, we are not in a situation where there are insufficient staff to cover and ensure everyone gets to take their holiday entitlement. Agree union (if he is a member) is the best place to start...

is there any reason why his manager thought he would only get 35 hours back? Is there anything in staff handbook/policies relating to this? I know I've worked in companies before where you could carry over or be paid for a max of 5 days leave (which would amount to 35 hours) but again, that was in a situation where it was actually possible to take the leave in the alloted period.

IvyKaty, you are right, it is nonsensical and whats worse is that its not even that they ensure one nurse on, just that there is only one nurse off, so on any da there can sometimes be an excess of staff. So its not exactly a case of not enough staff, just a stupid policy.

I wwill get him to phone the RCN today. In my work holidays go from january to january but you can carry 2 weeks over into the first month of next holiday year or then lose it but again there is always the opportunity to actually take your holidays.

He has been fighting for his holidays since march, even asking for just one day a week to use them up but they have just fobbed him off and i think now he will be told its too late.

Fingers crossed something comes up in the NHS soon.

If he has signed holiday forms that have been refused and which were submitted in accordance with procedure and it is impossible for him to take the accrued leave due to the needs of the business then he is being denied a contractual benefit. The holiday should be either be paid or he should be allowed to carry it forward to next year. The latter is most likely. I think the best way for him to deal with this is to sit down with the line manager, explain what has happened, show the l/m the forms, etc., and work out a plan that will allow him to take the leave to which he is entitled in future. A good plan would be to suggest that all annual leave plans are submitted within two months of the annual leave year. This will allow the line manager to manage the situation to make sure that everyone gets their leave.

YANBU

Every employed person is entitled to AL

If he is refused and not given any other suitable time at all then it should (IMO) be paid OR carried forward.

Suggest booking in a chunk of this years AL now so its at least when you want it, rather than the only days left

I assume he works in a hospital? I used to work for doctors and it got ridiculous to the point where school holidays were being booked more than 1 year in advance, and for Augast 2 years in advance

yes its a private hospital. He can't even get a sniff at school holidays wwhich is fine as our dcs aren't school age yet.

Do you know, we never even thought to ask for them to be carried over. I will get him to add that to his letter, even if they compromised and paid one week and carried over one week.

He tried to sit down with line manager but she asked he sent a letter, ridiculous!

DP is quite happy to get one week back but i don't think he should settle.

We have a week off in july but i've told him to photocopy his slip that agreed it as in the past peoples slips have went awol and they have lost their holidays.

If it does get to the stage of involving the union, it will work in his favour to have made the request to his line manager in writing as it will be kept on file, so with regards to that, she is actually helping him out.