To think that this makes no sense at all and completely defeats the point of it?

[WineInMyBelly]

I have 2 children with SEN, both children attend a specialist SEN school. I’ve made a flexible working request in work (I don’t work in education. I work as a marketing manager for a global company) to work term time school hours only. My flexible working request has been approved. But now my line manager and HR are both saying that the term time/school holidays will be based on the school holidays for LA schools in our area and not my children’s specific SEN school. The school holidays for my children’s school vary slightly from the school holidays for the local LA schools though! I’ve queried this with my manager and HR but they won’t budge on it at all. I had assumed a term time contract meant that I would be working when my children are in school and off when they are not in school but obviously that won’t happen now! AIBU to think this makes no sense at all and completely defeats the point of me having requested term time working?

How many days will be an issue? There must be a hefty overlap.

Independent schools often have longer holidays across the year though. This is likely to be a factor for your employer. It might mean you worked another 2-3 weeks less across the year. Could that cause an issue for them?

If your children are in an independent school, they'll have longer holidays than a normal term time only contract. What does your flexible working request say?

The OP didn't say it's an independent school.
It's a SEN school.

A lot of term time only contracts dictate you take your holiday in the 'holiday time' rather than on top of the term time only working. I cant take annual leave during term time.

It can be 3 weeks difference not just a few days.

Its odd op. You may have some protections from them being sen, like this is your standard policy, but im requesting a reasonable adjustment to your policy?

The other option is looking into parental leave. So keep you year round contract and make use of unpaid parental leave for a few years

do all sen schools follow LA timings? I thought they were often more like independents? Apologies if I got it wrong though.

My children’s SEN school is an independent school but it still has the same number of weeks holiday as a state school. But over the year there is 3.5 weeks difference in terms of the timing of those holidays. So there will be 3.5 weeks where I’m working but my children will be off school! So it completely defeats the point of me ever having made this flexible working request in the first place!

HR and my manager have said I won’t get any annual leave days anymore to book off during term time as my annual leave will now form part of the school holidays time off that I will have? Hopefully I’ve explained that clearly!

I think it depends. How different are your children's term dates to those set by the LA? Do they get the same total number of days/weeks off, just the dates vary slightly OR do your children get more weeks holiday than those set by the LA? If it's the latter then I can see your bosses point as you're asking them to accept you being absent for more days/weeks than they thought they had agreed to. If it's the former then it seems a bit petty.

It’s ridiculous for you, but I can see that a large employer would need to have a policy that applies equally to everyone, and the standard has to be, well, standard. The bottom line is that this job doesn’t work for you. But then I can’t think there would be an abundance of employers offering term time work only. Sorry, I don’t know what the solution could be here.

In my experience most are LA schools or state run via an Academy chain.
The OP however has said hers is independent but it still really does defeat the point of her wanting flexible working.

This thread just shows why so many parents of children with SEN end up having to give up work and claim benefits to survive which according to halfofmumsnet many people is a dreadful thing to do and how dare they live off tax payers money.
Sorry @WineInMyBelly I am ranting a bit on your behalf.

I get that it's frustrating op, but realistically are you going to get a better deal elsewhere? Could you buy additional leave? Take parental leave?

Can you go back to HR and explain that when the other schools are off, and therefore other members of staff will want to be off, you will be there to cover? and people who have children will be less likely to want the weeks off you need ( the 3.5 that aren’t covered) as it’s not holidays for all LA schools? Just a thought on another stance you could go back to with.

Presumably you won’t get “annual leave” as such to cover the overlap weeks?
I wonder if it’s due to the other marketing team covering those weeks?
When I worked for the NHS there was a fairly definitive group of mums who wanted school holiday leave and the rest of us who definitely didn’t want those dates so typically we would be fighting over May, June, September, early October etc when the UK weather is reasonably good and prices have dropped.
Your organisation presumably are trying to cover the 13 weeks or so that you are off as well as the LA school holidays and everyone else.

I’d make sure to get their decisions in writing and make one final attempt at getting some common sense out of them, emphasising that this request is to allow you to take care of your SEN children.

From the Gov.uk website:

What employers must do
Employers must deal with requests in a ‘reasonable manner’.
Examples of handling requests in a reasonable manner include:

• assessing the advantages and disadvantages of the application
• discussing possible alternatives to the request
• offering an appeal process

If an employer does not handle a request in a reasonable manner, the employee can take them to an employment tribunal.

What does your contract say? Does it say term dates, or does it specify LA term dates? You understandably took the job thinking it was round your term dates. If they don't specify I don't see how they can enforce it.

Contact ACAS for advice on this.

Totally illogical!

Exactly, so there's no point in asking the Head to write a letter.

Plus, would they be expected to write one every year because term dates change?

He/she isn't going to be able to do any more than you've already done, in terms of informing your work about the school holidays.

Seems petty to me. Have you submitted a formal appeal against this decision? At least then your case should be hears by someone more senior who would need to be satisfied that this is the correct decision and potentially then the policy needs amending. Your should to do this to exhaust your employers policies before thinking about moving to an employment tribunal

Why won’t you answer the question as to how many days this will affect you?

Oh that's super annoying if the lengths of the holidays are the same.

Check the exact wording on the request and their reply. Does it specify anywhere LA?

How many days are different. You are both being unreasonable. You are very lucky they've agreed it and it will make a massive difference to your life, coveri g a minority of days will surely be easier. They are being bloody minded though.
I'd appeal that part (when the School.holiday dates are).

My new contract just says “term dates”.

She has. She stated it's 3.5 weeks in a previous response.

some of my grandchildren go to independent school and their holidays are 4 weeks longer than LA so typically about one week either side of the summer holidays and an extra week on the October and February half terms, sometimes a few extra days after Xmas too, that’s a lot for them to cover.
Difficult for you though!