Paying the clerk in lieu of holiday

Question

It was recommended by the council’s staffing subcommittee that the clerk be paid for untaken leave. Each year there is a tense negotiation about taking leave, carrying over leave, closing the office for Christmas so staff don’t have to take leave etc etc.

This year, they’ve paid the clerk for leave that they ‘couldn’t take’ and they see no point in carrying it over because it would ‘cause the same problem next year’. It was agreed by a majority of councillors at Full Council who have absolutely no idea what they’re doing. The payment is made, they’ve called it ‘salary’. My questions about it being salary were dismissed.

I have asked for clarification of any HR advice they took and received on this matter, but I doubt that I’ll get a reply. They need to be made aware that they have got this (amongst many other things that they’re too arrogant to consider) wrong. How can I do this? Should I make a complaint about the Chair of the SSC to the MO? What would others do?

Answer 1

You can’t complain to MO about a decision taken by a committee or the council - MO will just bounce it.
You would prob be best raising it to IA (for all the good that’ll do you) and then the EA.
The council MUST now affirm its own non compliance at AGAR since payment of salary in lieu of untaken leave is inappropriate and contrary to the dotgov regs you’ve posted on FB.
It’s a cock-up and they should have listened to your input.
Is the person who is employed to provide accurate and appropriate advice and guidance to your council also a beneficiary of the additional payment….

That a whole new can of questions

Comments

A whole new can of questions indeed…

Answer 2

In my council, you can carry over a week. Anything more is lost when we start a new year.... and we don't get paid for it. What does the clerks contract state on this regard as that is where the conditions should be outlined? The council has to ensure their staff take their holiday entitlement as part of their duty of care for the staff.  So the clerk shouldn't have been paid as that only encourages them to not take holidays.

Comments

Thank you. I agree that it is bad practice, but I understand that it is also stated in employment law, that statutory leave should be taken or carried over, and may not be paid for.