Working overtime while on annual leave

[Wishbone Ash]

Hi folks,

I checked the relevant Statute Instruments but can't see to find a definitive answer to this.

Is an employee legally permitted to work overtime while on annual leave?

My employer is now of the view that they are not. Until recently, if overtime was required, it was, at first offered to staff who were not on annual leave. If those potential staff were exhausted, it was then offered to those staff who were on annual leave but who were willing to do it.

Recently, my employer has decided that this practise may be illegal and is willing to 'work short' rather that allocate overtime to those on annual leave.

Any thoughts/opinions?

[smccarrick]

I'd be inclined to think that you'd be in breach of legislation governing annual leave entitlements- if you were required to work while on annual leave to the extent that it brought your free annual leave below the statutory minimum allowable (20 days). If you are working the overtime of your volition- surely thats a different matter though.....?

[Wishbone Ash]

Originally Posted by smccarrick

it brought your free annual leave below the statutory minimum allowable (20 days)

Our annual leave entitlement would be slightly above the statutory minimum. Some staff have indeed mentioned that we should be allowed to do it for the days above the minimum. We do long shifts so our annual leave appears much greater than it actually is.

Originally Posted by smccarrick

If you are working the overtime of your volition- surely thats a different matter though.....?

The working of overtime is always done entirely at the discretion of individual employees but my employer is now hesitant about allowing it during leave.