Clarification regarding carry over of unused leave as per The Working Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020
Dear Department for Communities (Northern Ireland),
Can the Permanent Secretary please confirm how she will communicate to her managers the fact that The Working Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 states;
“(6) Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (7).
(7) Leave to which paragraph (6) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.”
Meaning staff can carry over twenty days of untaken leave in addition to whatever policy arrangements (9 days) might be in place and that communications to staff instructing them that nobody will be allowed to carry over more than nine days into the next year are contrary to the law as quoted.
Yours faithfully,
Gregory Kinnard
COVID-19 Virus – Information for Requesters.
Thank you for contacting the Department for Communities FOI team,
While FOI law still applies during this time the Department is facing
unprecedented pressures – for example as a result of staff absences,
office closures, or a significant increase in demand for our services,
such as access to benefits.
Therefore we may find it challenging to respond to information requests
within the 20 working day timescale set out in law.
We would ask requesters to think about the impact of Covid-19 when making
a request. Your information rights remain vitally important, and the FOI
principles of openness, transparency and accountability will play an
essential role in supporting public trust at this difficult time.
However, if you're planning a request, it's worth thinking about whether
there is any way the request might be narrowed to reduce its impact and
speed up your response.
Following guidance from the Information Commissioners Office (ICO), we
will keep requesters informed of any delays and will respond as soon as
resources allow.
We will also be keeping up to date on guidance from the ICO as the
situation changes to ensure that we comply with any changes or amendments
to information rights practice.
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][email address] | ( Tel: (028) 9082
9117 | ( DD: 38117
Supporting people, Building communities, Shaping places.
References
Visible links
1. mailto:[email address]
Dear Mr Kinnard
Please find attached acknowledgment of your request below.
Yours sincerely
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][DfC request email] |
Supporting people, Building communities, Shaping places.
Dear Mr Kinnard
Please find attached response to your request below.
Yours sincerely
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][DfC request email] |
Supporting people, Building communities, Shaping places.
Dear DfC FOI,
This does not answer the question I posed.
What you have referred me to is relative to sick absence (mentioned nowhere specifically in the regulations).
I note that you have specifically and selectively omitted the following part of my question in your reply;
"Meaning staff can carry over twenty days of untaken leave in addition to whatever policy arrangements (9 days) might be in place and that communications to staff instructing them that nobody will be allowed to carry over more than nine days into the next year are contrary to the law as quoted."
I shall clarify and ask again.
In light of the amendment as quoted in my original question thus;
"(6) Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (7).
(7) Leave to which paragraph (6) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.”
My question is what is your Permanent Secretary going to do about management communications advising staff, in advance of any application by staff to do so, that they will not be allowed to carry over any more than nine days annual leave into or over the next two leave years which is clearly contrary to the amendment as quoted?
Yours sincerely,
Gregory Kinnard
Dear Mr Kinnard
Please find attached acknowledgement in relation to your email below.
Yours sincerely
Helen Lindsay | Information Management Branch | Department for Communities
Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP
Contact: * [1][DfC request email] |
Supporting people, Building communities, Shaping places.
Helen.
To be clear and for the avoidance off doubt I should point out that I did not "request" an internal review.
What I requested was that my actual question was answered in full.
My question is what is your Permanent Secretary going to do about management communications advising staff, in advance of any application by staff to do so, that they will not be allowed to carry over any more than nine days annual leave into or over the next two leave years which is clearly contrary to the amendment as quoted?
Thank you once again.
Yours sincerely
Gregory
Mr Kinnard,
Internal Review of FOI Request - DfC 2020-0167
Please find attached Internal Review of your original request for
information regarding the carryover of unused leave as per The Working
Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020.
Although you state in your email below of 27 October 2020 that you did not
"request" an internal review, the Department is obligated under the FOI
Act Section 45 Code of Practice to undertake a review when a requestor is
unhappy with a response. The Code of Practice particularly states: “Any
written correspondence where the applicant says they are unhappy with a
public authority’s response to an information request, should be treated
as a complaint.”
As you clearly stated in your original email that you were submitting a
"Freedom of Information request", utilised the services of
'WhatDoTheyKnow' a website designed to help people make Freedom of
Information requests and stated your displeasure with the Departments
response, then it was correct for the Department to follow guidance and
undertake a review.
Best Regards,
Adrian
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now