Grievance letter - Help needed (plot thickens )

[scoobysnac]

If anyone is able to give me some advise - preferably legal that would be great.

I am om mat leave due to go back in Jan. have taken a full year. My ER is refusing to allow me to take my annual leave, carry it over to 2012 or pay me in lieu. I had originally planned to go back in Sept but changed it to jan.

Our holiday year is jan to dec. I have tried to informally argue that i should be allowed/paid the holiday but my ER is trying to make me resign by being difficult.

All was well for my return but yet another of my colleagues is pregnant and i think my ER has decided no more mums in the office.

to cut a long story short my ER are unlikely to back done (they are lawyers themselves) and i have found out they are advertising my colleagies job and what looks like mine. They also too someone on permanently for my job last year so there cant possibly be that much work to justify2 extra jobs.

i am having to raise a formal grievance about the holiday. Has anyone any idea what i out in the letter should i refer to legislation? also my ER has changed my computer login I assume so I cant see any of the office memos. Do i mention this and the jobs being advertised?

During the period of OML, the employee?s contract of employment continues in force and she
is entitled to receive all her contractual benefits, except for salary/remuneration. This means,
for example, that contractual annual leave entitlement will continue to accrue. Other noncash
benefits in kind such as private medical insurance, life assurance, permanent health
insurance, private use of a company car or laptop and gym membership should also
continue. An employee will therefore have a claim if, because of her absence on OML, her
employer deprives her of any non-cash benefits in kind to which she would otherwise have
been entitled.

Above is an extract from a legal factsheet that I have at work - basically it is a standard part of the maternity legislation (within employment law) which means that you are entitled to the accrued leave (or payment in lieu if the company policy is that carry forward isn't allowed). Any chance that you could offer to finish your mat leave early, and then tag on the accrued leave (including bank holidays) to the end of it, so you don't actually return to work until Jan, but will receive payment in full for the holidays accrued? This would be a compromise you could offer them.

You will be able to find further info on your rights from direct.gov.uk which your employers won't be able to argue with - as lawyers, they should jolly well know better anyway!!
Good luck x