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Whistle blowing - fall out?

(13 Posts)
mangocoveredlamb Thu 11-Feb-16 08:57:23

WWYD?

I think my large employer is doing something that is certainly morally and possibly legally wrong in relation to maternity pay for staff on term time contracts. I pointed this out to them over a year ago and they rectified it in my case only. Not for anyone else.

Who's attention do I bring this to? And what is the potential impact on my career if I do whistle blow?

ABetaDad1 Thu 11-Feb-16 09:08:15

Leave it be. You are not being affected as it has been rectified. No one will thank you. If others are affected they can approach the employer and have it rectified like you did.

You have nothing to gain.

mangocoveredlamb Thu 11-Feb-16 09:19:00

A couple of colleagues are having the same fight now. And getting nowhere.
I feel it's so unjust and might affect me again in the future.

flowery Thu 11-Feb-16 10:31:41

Why don't you tell us what it is they are doing? An outside perspective on whether it is in fact unlawful might be useful in deciding what to do?

lougle Thu 11-Feb-16 10:49:10

Yes, that would be useful. Also, is their policy immoral/illegal, or are they not following policy correctly?

mangocoveredlamb Thu 11-Feb-16 10:57:12

Ok, basically I am on a term time only contract. A portion of every hours pay I receive over the year is holiday pay. I argued that were I on a "normal" contract I would have been entitled to accrue and take 4 weeks holiday on my return to work, and as I couldn't do this, due to my contract I should be paid for the holiday I had accrue whilst on leave.(roughly 3.26 weeks prorated)

After 6 months of to-img and fro-ing they agreed I was right and offered either payed time off or additional pay. (I took the pay as my manger dos not want me to take paid time off) I was also told that they would be looking at reviewing the policy on light of my request as it had never been raised before.

In the interest of full disclosure the pay I received was worked out based on the time I would have worked during my years leave, and the portion of holiday pay I'd received included in my occ mat pay.

I now know that at least two colleagues have also raised this issue and been told they are due nothing.

Basically I think that it is a legal entitlement to accrue holiday and my employer is depriving women on term time contracts of this right.

mangocoveredlamb Thu 11-Feb-16 10:59:25

Lougle - I'm not sure whether the policy is wrong or whether they are applying it incorrectly. As on a "normal" contract women automatically accrue their holiday and then usually tack it onto the end of their may leave (either as month thirteen, or return at month 11 on a months annual leave and actually return at 12 months, or use it to phase their return)

lougle Thu 11-Feb-16 11:03:20

Yes, all employees are entitled to accrue holiday pay and they shouldn't be penalised for being part-time.

Lanark2 Thu 11-Feb-16 11:11:40

Advise them of your case and advise them to ask for disclosure of this case with anonymity. If they pretend it doesn't exist, they have lost any legal challenge automatically, if they disclose properly your colleagues have an easy case. If they refuse to disclose, give your permission to them, or accompany them.

Its better to resolve early than fight and lose, so have an informal with governors or finance talk to union too

mangocoveredlamb Thu 11-Feb-16 11:17:15

Tell colleagues about my case even though all communications with HR say confidential on them?

Lanark2 Thu 11-Feb-16 11:49:44

Yes. Of course HR want to shut you up, but its your information.

mangocoveredlamb Thu 11-Feb-16 11:53:11

Well, I've already told them that they are entitled to it, and why I think so, but not shared the details of my case.
I obviously don't want to make my employed life difficult.
Should I contact my Union?

EBearhug Fri 12-Feb-16 23:55:11

Yes, if you're in a union, talk to them about it. If the other two are also in the union, even better.

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