Hr keep treating me unfairly because I work part time

[toomanydjs]

Firstly they weren't giving me the correct amount of annual leave and paying me incorrectly. I put in a grievance and won.

Now they are saying I have no right to carry over annual leave if I can't take it due to sickness or maternity leave, even though everyone else can. Looks like I will have to put in another grievance to sort it out. This is so stressful. Can they keep doing this?

I’d leave if I were you!

I don't want to leave. I like my job and my colleagues.

Are they really saying you can't carry it over at all or are they saying you can carry over the same proportion as your FT colleagues do?

They are saying I can't carry it over at all

Are they asking you to take your leave at a different time?

Is there a written policy for things like leave? If so, give it a good read. If it says on there that employees can carry over leave then just highlight that part and show it to them.

They are saying that if I can't use my annual leave allowance for the year due to another type of leave (eg sick leave) then I loose it. I have already done that BernadetteRostankowskiWolowitz. I've also mentioned that part time workers are entitled to same (pro-rata) as full time. They say I'm wrong.

Then yes, raise a grievance. For sure.

Speak to ACAS.

I am going to. But I just wondered if they can keep forcing me to raise grievances? Itll be my 2nd in a year. Can I get them on discrimination for doing this? I'm female and a carer for 2 disbaled children hence my working pattern. I could really do without the stress of this.

@Nat6999

Speak to ACAS.

I did. They told me the thing about part time workers being entitled to same as full time (pro rata) and directed me a a Wed page about it.

How much sick leave have you had and how much does it have a knock on for carrying leave over?

Carry over due to maternity leave is, I think, in law, so they would have to honour that. Check out Citizens Advice website . It’s pretty clear.
www.citizensadvice.org.uk/work/rights-at-work/parental-rights/rights-while-youre-on-maternity-leave/
And this talks about holiday entitlement, www.citizensadvice.org.uk/work/rights-at-work/holidays-and-holiday-pay1/check-if-youre-entitled-to-paid-holidays/

Ask them to explain in writing why they think you are wrong. If you have a union , contact them. If not, tell them you will talk to Citizens Advice.

Quickchangeartiste

ACAS said the law states part time staff shouldn't be treated less fairly than full time. So if the annual leave policy in my work says you take annual leave missed when you get back off sick leave, then this should apply to all employees including me. All on a pro rata basis obviously. Is this correct?

It's not standard to carry over leave in the circumstance you describe. I work in a huge multi national. You accrue holiday on ML which can be carried over but if not if you havent taken it due to sickness. Are you talking long term sick and how many days holiday that you cant carry over?

Don't pull the female and a carer card. it sounds like you are looking for a reason to doubt them.

Yes that's correct

@idontlikealdi

It's not standard to carry over leave in the circumstance you describe. I work in a huge multi national. You accrue holiday on ML which can be carried over but if not if you havent taken it due to sickness. Are you talking long term sick and how many days holiday that you cant carry over?

Don't pull the female and a carer card. it sounds like you are looking for a reason to doubt them.

I think you're wrong here and the OP is correct

They are saying that if I can't use my annual leave allowance for the year due to another type of leave (eg sick leave) then I lose it… I've also mentioned that part time workers are entitled to same (pro-rata) as full time. They say I'm wrong.

Ask them politely to show you the company policy/legislation on this. Mention casually that you're running it past your lawyer.

It's not a card idontlikealdi It's a fact that they have already treated me unfairly due to my part time status, and as part time staff are more likely to be female and a carer this could be seen to be discrimination.

We can carry over up to 5 days. So I would expect someone who is contracted to work 3 days a week to be able to carry over 3 days, because that's the same pro rata, and PT staff shouldn't be treated less fairly than FT staff. There are employment rules about sick leave and annual leave, so you should be able to check that online.

Are you in a union? It would be worth joining one if not. There doesn't have to be a recognised union in the workplace - the TUC website has a union finder tool to find one for your sector.

Presumably you're talking about long term sickness? If so, same applies: you should be able to carry over up to 4 weeks' worth of leave (more if your contract allows)

ACAS website says those on long term sick leave can carry over 4 weeks of annual leave

So are they saying that if a full time member of staff broke their leg and had X weeks off, they'd be able to carry over annual leave, but if a part-time member of staff broke THEIR leg and had the same amount of time off with it (in terms of complete working weeks, not counting individual days) they wouldn't be able to carry over their annual leave?

If they are then I'd love to see them try to defend that!!

Yes Heyha

They are saying that if I have a year off then I loose all my annual leave, but if everyone else in the organisation has a year off they can carry up to 20 days leave over.

Carrying over leave is not a legal entitlement. In our workplace, no leave can be carried over.