Dear University of Warwick,
How many holiday days were lost by employees as a result, of the Universities decision to take leave away from employees during furloughing over and above pro rata for the time the staff were on furlough leave? How many employees consequently did not have their statutory annual leave for the year? How is the additional income accounted for in the University accounts?

Yours faithfully,

Phil Jones
Warwick Conference Park and Events

infocompliance, Resource, University of Warwick

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Information and Data Compliance Team. 
The University undertakes to respond to Freedom of Information Requests
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infocompliance, Resource, University of Warwick

Phil

Thank you for submitting an FOI request, requesting information from the
University of Warwick. In order to comply with your request, we would be
grateful if you could please clarify the following:

o Where you state ‘holidays days were lost by employees as a result, of
the Universities decision to take leave away from employees during
furloughing over and above pro rata for the time the staff were on
furlough leave’ please confirm that you are asking for the total
number of days annual leave that all employees who were furloughed
were asked to take during the furlough period?
o When you state ‘How many employees consequently did not have their
statutory annual leave for the year?’ please confirm the following two
points:

o When you state ‘their statutory annual leave’ are you referring
to full time workers receiving at least 28 days’ paid annual
leave a year (or any part time equivalent)?
o When you state ‘year’ are you referring to the University’s
annual leave year (i.e. October 2019 – September 2020), if yes,
this year is not yet complete so we would not be in a position to
answer this question until after 30 September 2020.
o When you state ‘did not have’ are you asking how many employees
had less than 28 paid days where they were not working?

o When you state ‘How is the additional income accounted for in the
University accounts?’ please clarify to what additional income you are
referring?

Please note that the University estimates, from its preliminary
assessment, that this request is likely to exceed the appropriate costs
limit under section 12(1) of the Freedom of Information Act 2000. Section
12(1) of the Freedom of Information Act states that a public authority is
not obliged to comply with a request for information if the authority
estimates that the cost of complying with the request would exceed the
appropriate limit.  This is currently £450, which equates to 18 hours of
staff time calculated at £25 an hour as set out in the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004. Annual leave is not currently centrally recorded and instead is
administered at a departmental level. To provide an answer to your
requests would involve contacting all academic and professional service
departments, of which there are over 50, to establish (a) which of their
staff were furloughed and (b) how much annual leave they had
outstanding/remaining for the period requested. This would most certainly
exceed the 18 hour limit.

If you could in the first instance provide the requested clarification
above then we will be better placed to advise on whether there is a
suitable alternative request you could submit which would be below the
appropriate costs limit. Once we have received the clarification requested
above, we can then proceed to investigate your FOI Request further.

Please be advised that the University will be unable to proceed with your
request until you have provided the requested clarifications and the 20
working day statutory time limit does not begin until clarification has
been received. Should we not receive a reply to this email, your request
will be closed in 20 working days.

Kind regards,

Legal and Compliance Services

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Dear infocompliance, Resource,
The University has asked for clarification and I supply the following information for consideration.

The question regarding how many holidays have been lost by employees, this should not be difficult to answer as all staff have an annual leave allowance and this is documented. The request can be narrowed to avoid the unnecessary use of staff time. Conference Park and Events have an automated system for recording hours worked and annual leave taken or requested. This information would be sufficient.

The University has implemented an annual leave solution due to the covid 19 crises that states that when staff return from furlough leave they will have been deemed to have taken there pro rata leave for the whole year so assuming they return to work in September they would be assumed to have taken 8 months leave even though they have only been on furlough for 4 months. So annual leave days lost could be 33% of their annual entitlement or even more if leave was carried over from the previous year.

The calculations should not be too difficult e.g if a member of staff has taken 5 days leave as documented within the Time and attendance system and they are being deducted 20 days, then they have lost 15 days of annual leave. There is a way that the University can make staff take annual leave and this procedure is covered by Covid 19 legislation. The University has chosen not to operate following this guidance so I am not sure what figures they would want to use to conform to this request.

I did ask how the income from not paying leave would be accounted for. This can be disregarded as the cost of annual leave is incorporated into staff wages so the University does not gain extra income as such but staff will be working additional unpaid hours due to losing their full leave entitlement for the year.

Yours sincerely,

Phil Jones

infocompliance, Resource, University of Warwick

Phil

 

Thank you for providing the below clarification with regards to your
request.

 

One of our colleagues tried to contact you this morning to discuss the
request further but after discussing it some more we agreed that in the
first instances it would be helpful if you could confirm that you are now
only requesting the information in relation to employees in Conference
Park and Events only, as opposed to the wider University. This may narrow
the scope of your request enough to make it fall within the appropriate
costs limit but further enquires will need to be made to establish how the
information is held and how easily it can be extracted and collated.

 

We also understand that you are happy to disregard your final question
regarding how the additional income is account for therefore we believe
your request is now seeking the following information:

 

1. How many holiday days were lost by Conference Park and Events employees
as a result of the Universities decision to take leave away from employees
during furloughing over and above pro rata for the time the staff were on
furlough leave?

2. How many Conference Park and Events employees consequently did not have
their statutory annual leave for the year?

 

If the above two questions correctly reflect what you are asking for
please could you still provide the clarification we requested in relation
to the second question in our email yesterday, namely:

 

·        When you state ‘their statutory annual leave’ are you referring 
to full time workers receiving at least 28 days’ paid annual  leave a year
(or any part time equivalent)?

·        When you state ‘year’ are you referring to the University’s 
annual leave year (i.e. October 2019 – September 2020), if yes,  this year
is not yet complete so we would not be in a position to  answer this
question until after 30 September 2020.

·        When you state ‘did not have’ are you asking how many employees 
had less than 28 paid days where they were not working?

 

Please be advised that the University will be unable to proceed with your 
request until you have provided the requested clarifications and the 20 
working day statutory time limit does not begin until clarification has 
been received. Should we not receive a reply to this email, your request 
will be closed in 20 working days.

 

Kind regards,

 

Legal and Compliance Services

 

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infocompliance, Resource, University of Warwick

Phil

 

The University sent the below email requesting clarification on (5 August
2020) but is yet to receive a response.

 

As it is over 20 working days since we sent our email requesting
clarification and we have not received a response we assume you no longer
wish to pursue your request and will now close your case.

 

Kind Regards

 

Legal and Compliance Services

 

From: infocompliance, Resource <[University of Warwick request email]>
Sent: 05 August 2020 17:07
To: Phil Jones <[FOI #681672 email]>
Subject: RE: FOI request - University of Warwick - F475.19-20

 

Phil

 

Thank you for providing the below clarification with regards to your
request.

 

One of our colleagues tried to contact you this morning to discuss the
request further but after discussing it some more we agreed that in the
first instances it would be helpful if you could confirm that you are now
only requesting the information in relation to employees in Conference
Park and Events only, as opposed to the wider University. This may narrow
the scope of your request enough to make it fall within the appropriate
costs limit but further enquires will need to be made to establish how the
information is held and how easily it can be extracted and collated.

 

We also understand that you are happy to disregard your final question
regarding how the additional income is account for therefore we believe
your request is now seeking the following information:

 

1. How many holiday days were lost by Conference Park and Events employees
as a result of the Universities decision to take leave away from employees
during furloughing over and above pro rata for the time the staff were on
furlough leave?

2. How many Conference Park and Events employees consequently did not have
their statutory annual leave for the year?

 

If the above two questions correctly reflect what you are asking for
please could you still provide the clarification we requested in relation
to the second question in our email yesterday, namely:

 

·        When you state ‘their statutory annual leave’ are you referring 
to full time workers receiving at least 28 days’ paid annual  leave a year
(or any part time equivalent)?

·        When you state ‘year’ are you referring to the University’s 
annual leave year (i.e. October 2019 – September 2020), if yes,  this year
is not yet complete so we would not be in a position to  answer this
question until after 30 September 2020.

·        When you state ‘did not have’ are you asking how many employees 
had less than 28 paid days where they were not working?

 

Please be advised that the University will be unable to proceed with your 
request until you have provided the requested clarifications and the 20 
working day statutory time limit does not begin until clarification has 
been received. Should we not receive a reply to this email, your request 
will be closed in 20 working days.

 

Kind regards,

 

Legal and Compliance Services

 

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