Term Time only Staff and pay

DCodd

I have had cause to question the validity of the methods of paying Term Time only Staff in schools in Surrey, my O/H is term time only.

The calculations are as follows:

Pay for under 5 years Service

Fulltime annual salary x Number of hours PW x Number of Wks PA
1647 (Denominator)

Now the 1647 figure is from what I can find out a f/t equivalent of hours less holiday entitlement, but I can not be 100% sure.

example

18500 x 16 x 39 / 1647 = 7009.10

This 7009.10 figure is the actual salary to be paid, this is paid in 12 equal instalments even though they only work and earn for 39 weeks of the year and are laid off for the school holidays (please note people they do not get paid for these holiday periods)

This seems to me to be a classic rolled up holiday pay system and they have been outlawed!! The LEA/school pay them in 12 equal payments but that is accrued earnings from the 39 weeks paid employment and then they are told to take their holidays outside of their paid contractual period.

The HR company that operates on behalf of the LEA have said that because their contracts run from Sept to Aug and they Get 12 equal payments then it is legal. I am not so sure and would like other opinions on this please?

Katharine

School workers also only get a max 15 min paid break when it should be 20 min minimum, are the rules different, I'd quite like to know too.

DCodd

Katharine wrote: »

School workers also only get a max 15 min paid break when it should be 20 min minimum, are the rules different, I'd quite like to know too.

The working Time regulations ACT applies to all except a small few (mainly Student Drs, Forces and off shore workers) but does include Schools!!!

Katharine

What is are the official full time hours for a school worker, that they base the pro-rata on?

If you have to take your holidays in no term time anyway, does it matter if they put the holiday pay together with your other pay? As a per annum salary includes any holiday pay anyway.

DCodd

Katharine wrote: »

What is are the official full time hours for a school worker, that they base the pro-rata on?

If you have to take your holidays in no term time anyway, does it matter if they put the holiday pay together with your other pay? As a per annum salary includes any holiday pay anyway.

I am not sure what it is officially but I believe it is 37.5 hrs but don't quote me on that.

there are many issues regarding rolled up holiday pay systems, the main one being, in this case, should you leave part way through your contact then you would have been paid less than you should have been and your hoiliday entitlement would have been incorrect. The reason for them being outlawed was that you must be paid for your holiday when you take it so to protect P/T workers from being discriminated against in the work place.

There are other issues surrounding inset days etc. But the official line from most schools is that you are not entitled to holiday pay and this type of system is used to promote that ideal. This wholly incorrect everyone is entitled to paid holiday leave.

Savvy_Sue

Katharine wrote: »

School workers also only get a max 15 min paid break when it should be 20 min minimum, are the rules different, I'd quite like to know too.

Sorry, under what regulations is there an entitlement to a paid break?

My understanding is that you are entitled to 30 minutes if you are working 6 hours, but you don't have to be paid for it.

DCodd

Savvy_Sue wrote: »

Sorry, under what regulations is there an entitlement to a paid break?

My understanding is that you are entitled to 30 minutes if you are working 6 hours, but you don't have to be paid for it.

You are correct, although in the 2 of the schools my o/h has worked there was a requirement for breaktime supervision and so depending on when you did your supervision you got a paid break at either 1st break or midday break, this may be what katharine was talking about?

bitsandpieces

Is your O/H in a union? They might be the best place for advice. This type of contract can be horribly complicated.

DCodd

bitsandpieces wrote: »

Is your O/H in a union? They might be the best place for advice. This type of contract can be horribly complicated.

Been down the Union route but they were not interested, although she has now switched to Unison so may try there.

Problem is, if they (LEA) agree that this is a rolled up holiday pay system it could cost them millions as previous tribunals have ruled that if you operate one then your staff are entitled to the holiday pay that they should have got when they took it! So evertone is being tight lipped on this one!

Roobarb73

Interesting - I am not sure of the answer but this is quite a common way of paying term time workers so would be interesting to know how it pans out.

liney

Savvy_Sue wrote: »

Sorry, under what regulations is there an entitlement to a paid break?

My understanding is that you are entitled to 30 minutes if you are working 6 hours, but you don't have to be paid for it.

You are entitled to an unpaid 20 minuite break if your shift is 6 hours or longer.