Employment law help please

[HRteamABU]

Hi, I have a term time only contract at work for a job I've been doing since the beginning of the year but I've worked for the organisation for around 8 years. The term time only job was offered to me with five additional weeks paid holiday and I've been using the leave in addition to the school holidays. However now HR are saying they've made a mistake and I shouldn't have the five weeks extra holiday (even though it's been allocated to me on the online holiday booking system at work) and the five week's paid holiday is stated in my contract, offer letter and the job description. They are trying to make me either make up the time for the days I've had off or repay it in money. I think as it's their mistake and I was given the job with the five weeks paid leave that I shouldn't have to do this. Any advice gratefully received.

I obviously don't know the wording of your contract but my term time contract is similar. I am paid for 39 weeks plus 5 weeks holiday. This means I get paid for 44 weeks but work 39 (with pay spread over 12 months). It doesn't mean I can take 5 weeks holiday in term time, but that, out of the 13 weeks holiday I have, 5 weeks are paid.

wow thanks for all the advice and insights - really helpful.

I’ve just reduced my contracted weeks at work at its very similar to Reachedsohigh in that I’ve gone to a 42 week contract and it was very much part of the conversation as to whether the 10 weeks I won’t be working included annual leave or excluded it.

Term time workers should now get 5.6 weeks holiday a year same as year-round workers. Refer your HR to the recent case good summary here.

Usually, people who work term time only are expected to take their 5 weeks paid holiday during the school holidays.
The rest of the school holidays are unpaid.
Often, however, this pay is spread evenly across 12 months so there is no time with new income.

My experience of this was I had 4.5 weeks of my holiday paid and the rest of the 12 weeks school holiday was unpaid then it's pro rata / spread over 12 months. You don't get to take additional leave.