New NALC good councillor guide to employment

Question

The new NALC guide is out:

https://www.nalc.gov.uk/news/entry/2472-nalc-publishes-an-update

Can anyone confirm that they don’t say anywhere that a council may pay its clerk for untaken holiday for any reason including that they didn’t really keep on top of it and it’s a bit unfair not to pay it, now that ‘carrying forward leave from previous years’ has been proven not to work either? 

Answer 1

Wouldn't it be easier all round if you got your own copy of the guide?

Comments

Yes, but I don’t have access anymore.

Answer 2

This is a matter for the employment contract.

The NALC / SLCC endorsed contract of employment and job description states:

1. 15.5  Annual leave must be taken at times agreed with the Council. You may carry forward up to 5 days’ leave into the following leave year, subject to the approval of the Council.

If there are repeated, unjustifiable lapses in staff leave management it is indicative of management deficiency with direct and tangible impact upon the operation of the council - cost AND compliance penalty for this misguided belief that cash in lieu of leave is appropriate, and then there is the deleterious effect upon staff moral when they receive the bad news that they can only carry forward a maximum of 5 days leave with agreement of the council.

Failure properly manage in year leave allocation, just like any other basic management failure, should be reflected in staff appraisal.

 

Comments

Thank you. Brilliant again.

Answer 3

I was under the impression that it was the requirement of the council to follow legislated employment law not NALC recommendations or information sheets.

Holidays, pay, and requirements are required actions. What ids wrong with the clerk booking their annual required leave with their employers ( the council) and taking them before the prescribed cut off point during the year.

PC should have contingencies in standing orders, and the contract of employment, for cover during both known and unforeseen absences by the clerk

Comments

Thank you. Other staff have it written into their contracts to cover for absences and leave. The staffing subcommittee took no advice before deciding to recommend to the council to pay for untaken leave. The staffing subcommittee still thinks that it can do it and is not listening. They managed to get retrospective ‘permission’ from an HR consultant after the staff member involved entered into dialogue with them.
I am no longer a councillor and wondered if the NALC guidelines had changed to somehow sanction something like this. I understand that it is against the working time directive 1998, but I am considered a useless lying troublemaker and so cannot be believed or even listened to and was in a considerable minority. Hence I am no longer a councillor.