Term time working - it's like the wild west out there

[GasFeesBonk]

So last year I had to put in a grievance against my employer (nhs) because they were using the wrong calculation to work out my annual leave entitlement, and therefore my pay. The "evidence" HR produced in favour of their illegal calculation was the term time working policy of lots of other NHS organisations which was the same as theirs. It would seem the majority of NHS employers were paying their term time workers illegally as well. Anyway I won my grievance.

This year I'm going to have to put in a second grievance because my HR dept claim I have no right whatsoever to accrue my annual leave and take it at another time if I can't take due to sick leave or maternity leave.

Why is there no guidance out there around term time contracts? Why are HR departments allowed to break the law, and why is it down the individual members of staff (usually female, often with caring responsibilities) to enforce the law?

It has to apply to both.

Yes, and therefore all the above should apply to me (as a part time employee)?

I’m struggling to work out exactly what your issue is, to be honest.

My issue is my employer says the above doesn't apply to me

www.nhsemployers.org/articles/accrual-statutory-annual-leave-and-sickness

Employers can't force you to take leave during your sickness leave (the opposite is however possible).

They can force you to take it as you come back before the end of the financial year.

The holiday can be transferred to the new financial year but only to a total of 20 days.

Forgot to add,the 20 days that can be transferred is pro rata so less for those working pt hours.

I’m not too sure why basic employment principles are being challenged here OP, I would speak with your HR department again

@OCM19
I've tried to sort it out informally, but it is honestly like repeatedly smashing my head against a brick wall. Last year the only way to sort it was to make it formal (ie. Grievance) so it looks like I'm heading back that way...

This year I'm going to have to put in a second grievance because my HR dept claim I have no right whatsoever to accrue my annual leave and take it at another time if I can't take due to sick leave or maternity leave
Are they saying you can't take the accrued holiday at all, or are they saying you can't take it all after next April? When are you due back to work? Is it mainly maternity or sickness?

They are saying I have no right to accrue annual leave at all, under any circumstances.

Is this for sickness or maternity?

Are they saying that if sick, you have to take holidays during your sickness? Is this already planned and booked holiday or unplanned?

If maternity, surely they are not saying you can't accrue? If so, you need to speak to someone else in HR.

I can see how they could get it a bit wrong with sickness but it's very black and white with maternity. You come off maternity, you continue to stay home but add your accrued holiday for the period and paid 100%.