Clerks’ statutory leave and annual increases

Question

Can anyone explain how the Clerks’ annual leave increases are treated please? Are they put into the ‘additional leave’ pot, or do any of them become ‘statutory’. Many thanks

Answer 1

This would entirely depend upon your Clerk's contract of employment.  Is this based upon the NALC/SLCC template or do you have something different?

Comments

It’s looking like they were awarded 26 days on commencement of employment and the council has increased their leave entitlement each year by one day. This appears to be in line with the SLCC recommendations, but doesn’t any of that increase go into the stat leave pot? This has meant that it is now possible for the clerk to accrue that as non stat/ additional leave and for the council to pay them for it instead of them take it.

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They can request pay instead of the leave - but the council would have to agree to it.

As the extra days leave appears to be a reward for long service, why would you not want them to have that option? Do you just want to punish the clerk for some reason?

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Not want them to have that option? Punish? There is leave which must be taken and leave which it appears is some kind of extra perk. I’d like to know what the SLCC/NALC recommendations mean in terms of stat and non stat.

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My understanding is that you cannot pay annual leave that has not been taken other than when the employee resigns/leaves  - an HMRC thing but I can't quote the source - although you can allow some to be carried over to the next year.  My council allows a week to be carried over (not sure if that's a statutory limit) and anything else that hasn't been taken is lost.  We, obviously, encourage staff to take their leave!

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Employers can negotiate additional leave perks with staff in an effort to recruit and retain staff. I wanted to know if this is true for local government and what those extra days are classified as. I have challenged this and been told that several small authorities have chosen to do this and it’s ok. To be given so much leave which apparently cannot be taken just feels so wrong. This is tax payers’ money.

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Those that are on the "standard" terms and conditions generally start on 4 weeks leave (or pro rata for part time staff) and gain an extra week after 5 years continuous service.  Four weeks is the minimum per employment law anyway and of course there is an entitlement to bank holidays (again, pro rata for part time staff).  We all had an extra bank holiday last year which was a one off.   Just like the private sector, councils can offer more if they wish but in reality, many clerks work alone on a part time basis which makes actually taking holiday/leave quite difficult as the work doesn't go away just because the clerk is on leave; it has to be done when they get back.  If my experience was anything to go by as a former part timer, with a contract that does not grant payment of overtime other than by prior agreement (difficult to know when you're going to need it and get it agreed in advance), or by taking time off in lieu (again, difficult to take), I can't see additional annual leave being offered would amount to much of an incentive for an experienced clerk.

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Just re-read your original question and I'm wondering if you're getting mixed up between annual leave and an increase in salary (scp or spinal column points to give it the full name)?  I ask because the SLCC standard contract doesn't increase annual leave days each year only after 5 years as I've said earlier.  However, many clerks are on contracts that start at the lower end of a salary band and move up a point annually or on completion of certain specified qualifications.

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I had noticed this from last year, and as our clerk’s leave appears to have increased each year since they started, I wondered if it had something to do with this…
https://www.slcc.co.uk/annual-leave-increase-a-reminder/
I’m sorry to go on about it. Thank you for having a look at this for me.

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I believe that was a one off additional day which was part of the increase negotiated for that year.  So, going forward, as stated in the article, those with less than 5 years service get a minimum of 23 days (plus the two extra days plus bank holidays) and those with more than 5 years service get a minimum of 26 days (plus the two extra days plus bank holidays).  That's not an extra day added every year (e.g. rising to 24/27 days the following year, etc. etc.).

Answer 2

Surely you cannot award the clerk less than the statutory days of annual leave at any point.

Therefore, logically, any additional days awarded would be non-statutory.

Answer 3

Somebody needs to get a copy of the employment contract and examine what it actually says.
It would not be uncommon for no Cllrs to have ever seen the clerks actual T&Cs and that nobody really knows what leave entitlements and leave management processes are in place.
It’s an interesting question about statutory and non statutory.
Pro rata is also a common weak area of understanding.
Leave carry over to next qualifying year is also easily abused or misunderstood if nobody has a grip on staff management.
5 days is the model carry forward (with agreement) but this should be in the exception since it is a management responsibility to ensure staff take leave due within the leave year.
Cash in lieu of outstanding leave is not appropriate (possibly not lawful but it’s a while since I looked at those regs.)