Clarification regarding carry over of unused leave as per The Working Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020

Department for Communities (Northern Ireland) did not have the information requested.

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

DfC FOI, Department for Communities (Northern Ireland)

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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. 

 

 

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DfC FOI, Department for Communities (Northern Ireland)

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    FOI Request FOI Request Working Tim s Amendment Regulations Northern Ireland 2020 Carry Over of Unused Leave.DOCX.docx

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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. 

 

 

 

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Helen,

Thank you.

Yours sincerely,

Gregory Kinnard

DfC FOI, Department for Communities (Northern Ireland)

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    FOI Request Working Time Coronavirus nt Regulations Northern Ireland 2020 Carry Over of Unused Leave Response.DOCX.docx

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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. 

 

 

 

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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

DfC FOI, Department for Communities (Northern Ireland)

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    FOI Internal Review Request The Workin 2020 Carry Over Leave Permanent Secretary Communications Acknowledgement.DOCX.docx

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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. 

 

 

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Thank you, Helen.

Yours sincerely,

Gregory Kinnard

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

DfC FOI, Department for Communities (Northern Ireland)

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    FOI Internal Review The Working Time Ireland 2020 Carry Over Leave Permanent Secretary Communications Response.DOCX.docx

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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

 

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