Forced to work when I should be on holiday

shearer1

I work part time as a school janitor,(In Scotland)i.m  on 20hours per week, my contract is term time plus 2 weeks,  I I would be off on all school holidays but expected to work for 2 weeks during school summer holidays,  I am 70 years old and I was sent home on 17th march  due to pandemic (furloughed)and was paid in full until I returned to work on 10th August. I had to go through phone interviews with H.R. and O.H, 
Risk assessment and 121 with head teacher in person before returning,  obviously I couldn't work my 2 weeks during school summer holidays,  as all school staff in our region started back a week earlier 10th not 17th August it was done so that staff would get 2 weeks off in October instead of 1 week.  All good,  however I got a call out the blue from a member of facilities department stating that I have to work the 2 week in October as I never done those hours over the summer,  when it was clearly impossible for me to do so. I have neither agreed or disagreed but have made my feelings known that I am unhappy at being asked to work,  I think I must be entitled to at least the week I did work by starting earlier than normal in August but they insist I need to work both weeks in October,  just wondering if anyone can give advice.

theoretica

If you ignore that they have been messing around with term dates, I would see it that you did work one of your summer weeks - the 10th-17th August, and you would normally work one of the October weeks, because it would normally be term time. 

Which only leaves one week to discuss - and whether your other summer week should be moved to October - arguably you could say you did 'work' it during the summer as you were on furlough - unless your furlough formally ended before the 10th August.

getmore4less

Looks like you were on furlough that counts as working 

Don't think they can't claim those work days back if you were on furlough
if they need you to work they need to pay you more if your pay is spread over 1 2months. 

If they have changed the term dates you should get the current gaps.

Does the contract  say the extra 2 weeks is during the summer break. 

ToxicWomble

You had 5 months off on full pay and did zero work and yet are complaining about having to work for 2 weeks extra work above and beyond —— speechless

getmore4less

Point out the extra two weeks are no different to the term weeks you missed while on furlough.

You should not have to do any of them as extras during your allocated off time.

Be very careful schools are higher risk  than care homes, don't let your guard down. 

Savvy_Sue

Union? Hoping you are in one ...

shearer1

getmore4less said:

Looks like you were on furlough that counts as working 

Don't think they can't claim those work days back if you were on furlough
if they need you to work they need to pay you more if your pay is spread over 1 2months. 

If they have changed the term dates you should get the current gaps.

Does the contract  say the extra 2 weeks is during the summer break. 

That's a grey area,, contract says term time plus 2 weeks,  which can only really be worked during the summer holidays,  as October,  Christmas, & Easter we would be off on holiday, but contract does not state that specifically. 

shearer1

Savvy_Sue said:

Union? Hoping you are in one ...

ToxicWomble said:

You had 5 months off on full pay and did zero work and yet are complaining about having to work for 2 weeks extra work above and beyond —— speechless

ToxicWomble said:

You had 5 months off on full pay and did zero work and yet are complaining about having to work for 2 weeks extra work above and beyond —— speechless

I understand your viewpoint, and you are entitled  to your opinion but there is a principle involved,  if I was off sick with doctors certification I wouldn't be expected to work the hours back. And I was sent home , and kept at home even after the schools had closed to pupils,  which I never really understood the logic of keeping me out an empty school,  as there are plenty of jobs that need done when the schools are empty,  my colleague ( younger) kept working 

getmore4less

Your holiday arrangements are not relevant.

If the contract allows for the extra 2 weeks to be moved then they can allocate any two weeks. 

Had they previously set the dates and not informed you they had moved then you were furlough for those weeks. 

thebrexitunicorn

theoretica said:

If you ignore that they have been messing around with term dates, I would see it that you did work one of your summer weeks - the 10th-17th August, and you would normally work one of the October weeks, because it would normally be term time. 

Which only leaves one week to discuss - and whether your other summer week should be moved to October - arguably you could say you did 'work' it during the summer as you were on furlough - unless your furlough formally ended before the 10th August.

This is a very good point. Term started a week earlier,  which in our area is why there are two weeks of holidays in October.   If you’re in a union I’d raise it with your rep.   Is this happening in all schools in your council area or just your school? 

shearer1

thebrexitunicorn said:

theoretica said:

If you ignore that they have been messing around with term dates, I would see it that you did work one of your summer weeks - the 10th-17th August, and you would normally work one of the October weeks, because it would normally be term time. 

Which only leaves one week to discuss - and whether your other summer week should be moved to October - arguably you could say you did 'work' it during the summer as you were on furlough - unless your furlough formally ended before the 10th August.

This is a very good point. Term started a week earlier,  which in our area is why there are two weeks of holidays in October.   If you’re in a union I’d raise it with your rep.   Is this happening in all schools in your council area or just your school? 

I have raised it with my union rep. I think all schools in my area, as the facilities management who contacted me stated that other janitors who were off like myself had been asked to work both October weeks.  On another matter I know of 2 guys (not in schools or council, private industries)who were on furlough (not due to age or medical reasons) roughly same dates as myself and their leave year runs January to December on returning to work were informed that they must take their remaining annual leave before the end of the year