Annual leave on a flexi contract

I work part time, 20 hrs per week, for the NHS. The full-time equivalent is 37.5 hrs per week. I am allocated 108 hrs annual leave per year, plus an additional allowance of 32 hours annual leave per year in lieu of public holidays. I have no set shifts and have what is termed a ‘flexi contract’. This means that my shifts are allocated 4-6 weeks in advance according to the needs of the service and annual leave, time off and sickness taken by other workers. I have no choice in when I work and must work the shifts allocated. Since starting in late 2015, I have found that I have been required to work on virtually every public holiday, far in excess of the 32 hrs annual allowance for public holidays. The NHS staff conditions Agenda for Change handbook states that where staff are required to work on a public holiday then they should be given equivalent time off for each hour worked up to 60 hours annually, as well as being paid at the appropriate rate. I have two questions: 1) Should I have been allocated additional annual leave in lieu of public holiday hours worked in excess of 32 hrs annually? 2) I occasionally volunteer to work additional shifts when the service is short staffed. Should I be accruing annual leave for working these additional shifts?

As we do not have the full facts and circumstances surrounding the matter the below is purely guidance and you should seek legal proper advice.

With regard to your first question, the first point of call would be to check your contract of employment and / or the Staff conditions Agenda for Change handbook which may set out explicitly the NHS policy on receiving additional hours in lieu of working public holidays in excess of the 32 hour annual allowance. You could also raise this issue informally initially with your employer and if you do not receive a satisfactory answer / outcome then you could raise a formal grievance.

With regard to your second question, you should also check your contract of employment or the NHS staff conditions Agenda for Change handbook. On reviewing the NHS staff conditions Agenda for Change handbook, it states:

  • All staff in pay bands 1 to 7 will be eligible for overtime payments;
  • Staff may request to take time off in lieu as an alternative to overtime payments;
  • Senior staff paid in pay bands 8 or 9 will not be entitled to overtime payments;
  • Time off in lieu of overtime payments will be at plain time rates.

You should know which band you are in light of the above. In regard to the accrual of annual leave I would suggest you raise this informally at first with your employer and if you do not receive a satisfactory answer / outcome then you should raise a formal grievance.





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