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?

@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.

Unfortunately @idontlikealdi, the Government don’t agree with you.

www.gov.uk/taking-sick-leave
Statutory holiday entitlement is built up (accrued) while an employee is off work sick (no matter how long they’re off). Any statutory holiday entitlement that is not used because of illness can be carried over into the next leave year. If an employee is ill just before or during their holiday, they can take it as sick leave instead. An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they do not qualify for sick pay, for example. Any rules relating to sick leave will still apply

@ScissorsBike

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

It is according to the Government.

*Statutory holiday entitlement is built up (accrued) while an employee is off work sick (no matter how long they’re off).

Any statutory holiday entitlement that is not used because of illness can be carried over into the next leave year. If an employee is ill just before or during their holiday, they can take it as sick leave instead.

An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they do not qualify for sick pay, for example. Any rules relating to sick leave will still apply*

@Alpinechalet

1. A contract cannot override statutory rights.

1. ECJ Stringer vs HMRC ruling established that if you are absent on sick leave and can’t take annual leave it can be carried over. See www.gov.uk/taking-sick-leave

NHS agenda for change also covers this www.nhsemployers.org/pay-pensions-and-reward/nhs-terms-and-conditions-of-service---agenda-for-change/nhs-terms-and-conditions-of-service-handbook/annual-leave-and-public-holidays-section-13/accrual-of-statutory-annual-leave-and-sickness

1. Maternity Leave and annual leave - you accrue AL during ML including BH. You should aim to take it after ML or ASAP but can carry over if end of leave year is close to return date.

www.gov.uk/holiday-entitlement-right See para 15.93 www.nhsemployers.org/tchandbook/part-3-terms-and-conditions-of-service/section-15-leave-and-pay-for-new-parents-england-wales-and-scotland

My advice is write to HR advising them you have statutory rights as follows (set them out) and these as a minimum must form part of your T&Cs.

You also are entitled to pro rata contractual rights of (enter details) which must be included in your T & Cs.
Remind them your previous grievance was upheld. Given they are again discriminating against you due to your working pattern and not following NHS policies you consider they are displaying a continued pattern of discriminatory behaviour that is unacceptable. Failure to treat you equally with full time staff will result in a further grievance and you will lodge an ET1.

I am not a legal professional so you need to get legal advice but repeated discriminatory treatment of one employee may be viewed as corporate bullying/victimisation. If you are in a TU they may be able to assist.

That's really useful thanks alpinechalet

Statutory holiday entitlement is built up (accrued) while an employee is off work sick (no matter how long they’re off).

Yes, it's carried over if sick, but some workplaces allow you to carry over unused leave, just because you didn't use it. That isn't a statutory right, but it might be in your contract.

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
It depends on the situation. If you are NHS, your leave is April to Match. Say you have 33 days +BH entitlement. You are off for 3 months from April to July. You still accrue leave, but they could say that the 33 days need to be taken before the end of March. You are not entitled to carry it to the next year.

If however your sick leave is from December to April, and you still have 7 days to carry forward, I think they should let you be able to carry it forward, although I'm not certain it's the law and could be at managers discretion as you already had more holidays than the statutory requirement.

As PPs have said, you have the legal right to carry over the pro rata equivalent of 20 days leave per year, but only if you are unable to take it during the leave year after your return to work. Otherwise, it’s lost.

Leave over and above that (contractual or uk statutory) depends on your company policy, but if FT workers are allowed to carry over their full allowance then you as a PT worker should also have that right. Otherwise you have a claim against them under the PT Worker Regs.

www.gov.uk/government/news/rules-on-carrying-over-annual-leave-to-be-relaxed-to-support-key-industries-during-covid-19 this is the law and you will be protected under the employment rights act