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?

Well it doesn't completely defeat the point as it's hugely preferable to only having four or five weeks of AL, but I see what you mean.

Are holidays at your children's school the same length as at the LA schools? If so I don't see what they gain by aligning with the term dates of schools your children don't attend. Otoh if your children have much longer holidays I can see their point.

Just take parental leave at those times.

If this is a misalignment, presumably as well as those 3.5 weeks the kids are on holiday and you’re meant to work @WineInMyBelly presumably there’s also 3.5 weeks that they’ll be in school but you’re going to be off work? Ridiculous, no one’s winning there.

I used to work term time, not tied to term dates at all. I had 10 weeks off that were meant to be taken at Xmas, Easter and over the summer, and covered half terms and inset days with pro-rated annual leave. Makes far more sense given that even a mainstream school may decide not to follow LA holidays. Also far more transparent on annual leave - I do have suspicions they’re ripping you off there OP, even if unintentionally.

Are the number of days you need off the same as the LA term dates? So LA dates are 14 weeks and you need 14 weeks just at different times?

If so, they do seem to be being unnecessarily awkward about the whole thing.

I’d have said if anything is MORE of a benefit to the business to agree to your term dates because presumably you have other team members who would want half terms off too, so the overlap with you and them would be lessened?

Assuming your school publishes its term dates in advance you’d know probably for the next 18 months when you’d be off, it doesn’t feel like a difficult thing to manage

It seems silly but I had a remote TTO job and they set the holidays to their LA holidays even though my DCs school was different as we’re in a different area.

I told them but they said that’s the rules type thing and so I do wonder if it’s protocol.

I didn’t push it as I didn’t need full childcare but I don’t think they would have budged either.

Are you valued there?
Could you explain that you may need to look for another role due to childcare?

The trouble is OP, they have been very flexible and TTO jobs are incredibly difficult to come by - I would ask but be careful that I’m not rocking the boat too much.

I would 100% ask for a copy of the policy. They have no reason to say no whilst it applies to your situation!

Hi OP,
I agree with some other suggestions that you could ask the company to make a "reasonable adjustment" to their usual policy under the Disability Discrimination Act based on the fact that you have two children with a disability (EHCPs) and it is more difficult to get childcare for them due to their needs and high ratio of adults needed. You can assure them that the term dates can be given in advance.

Another possibility is requesting parental leave.
https://www.gov.uk/parental-leave/entitlement

I’ll ask them for the policy tomorrow

I’ll also speak to ACAS tomorrow too and also ask them how best to approach the equality act argument with HR as I’m not sure what the best way to raise that with my manager and HR is?

Is the school aligned with their LA? So there is an easy reference point for them to check the dates (I.e. the LA website). It does seem petty that they won't align with that.

I am based in N Wales right next to the English border. I didn't look for teaching jobs over the border because of the holidays. In a typical year ...

• October half term is often different.(5)
• Christmas usually aligns - although there may be a few days either side that don't.(3)
• February half term is often different.(5)
• Easter neighbouring LA takes 1st 2 weeks of April, Wales always takes the week leading up to and following Easter weekend. (5)
• Whit half term aligns (0)
• Summer holiday often starts later in neighbouring LA as the Easter holidays are longer when the Easter Bank Holidays are not in the 1st 2 weeks of April (2).

So in an average year, there are still 20 days different holidays. In OPs case, she would be at home, unpaid without DC for 20 days, while having 20 days childcare to find.

Can you look up the difference in the holidays and point out dates you'll be at home when the kids are at school and vice versa. Sometimes seeing it in visually makes it more understandable.

It doesn't make sense if your off due to la term dates but your kids are at school.

This is definitely one of those make it make sense scenarios.

I’d submit a formal grievance based on indirect disability discrimination

I’ll ask ACAS about it tomorrow

I don’t have enough parental leave left either unfortunately so that’s not an option either.

I did this in a meeting with HR and my manager and they still insisted on using the LA term dates.

I can’t unfortunately. I don’t have enough left.

I will do thank you. I’m going to ask for the policy tomorrow.

He’s not involved and he now lives overseas.

I’ve emailed HR and my manager asking for the policy and I’m just about to call ACAS now.

Well done OP. I hope ACAS were helpful.

Isn't it a bit better than not having term time agreement at least you will get more time off than you would. It's a shame but the company are meeting you part of the way

Very weird. You'd think it would help them out to accommodate you as many other parents will be wanting time off in the LA school holidays.

I think the first question I’d have is if there are therefore 3.5 weeks you’d be off work and the kids would be at school. The independent schools near me have longer school days and longer holidays so a term time contract would be quite different depending on which.

Sorry, I haven't read the whole thread but I would just put in a parental leave request for the overlapping weeks where you aren't officially off. That will solve your issue and show how stupid they are being.

Did they know/did you inform them your school holidays differed from the norm.