Hi Georgia

When you say "give 3 discretionary days to the staff who would be working at that time" do you mean to all staff who aren't on term time only pay rates and are nominally working from home even outside of term time?
If so, strictly legally your employers might just possibly get away with stretching this tortured logic to this limit but otherwise to be honest would consider applying it harsh, divisive and morally at least not at all defensible.

Furthermore, even strictly legally, your employers need to watch out for indirect unlawful discrimination, eg if your TTO staff are predominantly female and your non-TTO the usual mixture. then this might amount to a 'PCP' that was indirectly discriminatory unless as you say compensatory concessionary days applied to TTO staff.

In reply to David:

We have staff working onsite all year round as in any office environment. We also have staff on term time only contracts who are only here in term time. I appreciate the indirect discrimination issue which we have checked.. I'm not sure I'd call it tortured logic- its very common in FE and HE to give Christimas discretionary days to staff who remain on site all year.

In reply to Georgia Brown:

Now it’s been made clearer, seems okay to me.

How can your staff work if the college is closed?