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Annual Leave for Workers on Rotation

Posted by Andrea May on December 3, 2013 at 11:38am in HR Policy

I have a client with a nanny who works three works on and three weeks off. For the three weeks on she is on duty 24/7 and she is paid for the three weeks off. I guess it works similar to an oil rig worker or such like 

My question is around annual leave. Does the employer have to offer standard annual leave and if so can they prescribe that all annual leave is taken with the "off weeks" which are still fully paid?

Many thanks

Andrea

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  • Andrea May December 10, 2013 at 12:42pm

    The Scottish courts have ruled that these workers can be made to take their leave during their "off" time however I'm not sure if the same would apply in the rest of the UK.

    http://www.xperthr.co.uk/editors-choice/oil-rig-workers-can-be-requ...

  • Mike Collins December 10, 2013 at 11:09am

    Hi Andrea

    It would be interesting to learn more about this as you could argue that holiday should be taken in the 3 weeks off but then on the other hand can you stipulate when someone takes holidays?

    I guess you can to an extent but it depends if it's in the contract etc

    The ACAS websites states

    Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks of paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week of leave should allow workers to be away from work for a week - i.e. it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. However, for a worker who works 6 days a week the statutory entitlement is capped at 28 days. If they work a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shut down. If a worker's employment ends, they have a right to be paid for the leave due and not taken.

    Link to page below 

    http://www.acas.org.uk/index.aspx?articleid=1374

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