School Term Time Only Job - Leaving Part Way Through The Year

LennyB

I have worked as a Science Technician at an independent school for the last 10 years but I have recently left and am having problems with getting money that I feel I am owed because I have worked the hours but they are saying that I am not entitled to the money. Can anyone advise?

The school payment year starts on the 1st September. My pay was declared as an annual salary on my terms and conditions and the salary was divided into 12 monthly payments over the whole year. On my terms and conditions it states that I am required to work for 34 weeks of the year during term time. I am also entitled to 18 weeks holiday, 4 weeks of which will be paid.

From the 1st September to 29th November (my leaving date) I have actually physically worked for 11 weeks plus one day (and had 1 week plus 1 day holiday during half term) but I have been paid 3/12 of the annual salary so there is a discrepancy and I believe that I am owed some money. I have been given 1 days pay for holiday I have not taken but I have not been paid the whole amount due for the 11 weeks plus 1 day work I have done and I am told that I will not be paid.

Are my assumptions right or is the school right in only paying me 3/12 of my salary? I feel I am being unfairly penalised because more work is required at this end of the year than at the summer holiday end of the year.

If you think I am right, how do I go about getting the school to acknowledge it and pay me?

getmore4less

If you work 34 weeks then your minimum holidays Should be 4.1 weeks

but I guess some of those work weeks may include a BH or are they all in the 18 weeks?


I make 1st sept to 29th Nov 13 weeks did you have 2 weeks off?

If you worked 11 weeks thats accrues 1.33 weeks holiday

so you are due 12.33/(34+4) = 0.3245 you got paid 3/12 = 0.25

assume a 5 day week.

I think this will probably be a claim for illegal deduction of wages.

JimmyTheWig

Logic certainly says that you are right.
But I would imagine that the payroll is done by County and you would like to think that they would have come across this before and do it correctly.
Definitely worth finding out, though. Maybe speak to your union?

Carfal

Salaries in maintained schools are generally calculated in days, not weeks.
You're paid for 190 days per year.
This academic year you have worked or taken paid leave for 62 days, so you should have been paid 62/190ths (0.32) of your salary.

However an independent school may have different rules. Query it and if this is not successful, contact you union.

LennyB

getmore4less wrote: »

If you work 34 weeks then your minimum holidays Should be 4.1 weeks

but I guess some of those work weeks may include a BH or are they all in the 18 weeks?


I make 1st sept to 29th Nov 13 weeks did you have 2 weeks off?

If you worked 11 weeks thats accrues 1.33 weeks holiday

so you are due 12.33/(34+4) = 0.3245 you got paid 3/12 = 0.25

assume a 5 day week.

I think this will probably be a claim for illegal deduction of wages.

Thank you for your reply. We had 1 week and 2 days off for half term in October and term didn't start on the 1st September, it started on the 4th.

LennyB

JimmyTheWig wrote: »

Logic certainly says that you are right.
But I would imagine that the payroll is done by County and you would like to think that they would have come across this before and do it correctly.
Definitely worth finding out, though. Maybe speak to your union?

Thank you for your reply. It's an independent school so payroll is done at the school. There aren't many other staff who are paid term time only so they may not have come across this one before. I have already put across my point of view and they still think I am wrong so I'm not sure where to go from here. We are talking about around £300 or more so I want to pursue it as far as I can. Unfortunately I'm not in a union - I was counted as a support worker so wasn't aware of a union I could belong to.

ViolaLass

I really doubt you'll get anywhere. Teacher don't get paid more if they leave a job mid-year.

I see you've said you're being paid 'in term time only' but if your salary is split over 12 months, then you're not.

LennyB

ViolaLass wrote: »

I really doubt you'll get anywhere. Teacher don't get paid more if they leave a job mid-year.

I see you've said you're being paid 'in term time only' but if your salary is split over 12 months, then you're not.

Thank you for your reply. The teachers at the school I worked at are paid for 52 weeks so they would be paid as they go along. I was only paid for 34 weeks plus 4 weeks holiday but I understood that I was paid over 12 monthe as a convenience to me because it meant I was paid every month rather than having lean months in the holidays, and as a convenience to the school because it was easier to administer and manage cash flow.

ViolaLass

I think it depends on exactly what your contract says about your pay/holiday pay.

paddedjohn

When you work on a term time only contract a proportion of your wage is held back so that you get paid during the 14 weeks that you are not working and so are not earning. What you should be seeking to get back is the money that has been 'banked' during your 11 weeks work.


What is your hourly rate and what were you actually paid per hour?




After doing a couple of sums I calculate that you have been paid only 25% of your annual salary for doing approx 33% of your annual work, meaning you are owed approx 1 months salary.

LennyB

Thank you for your replies so far. I have asked to appeal against this decision and have a meeting arranged.

I have got my terms and conditions out and it isn't really clear what happens when you leave part way through the year. The relevant sections from the terms and conditions are:

Remuneration - Your salary is £x per annum payable monthly in arrears by direct banker's transfer. Your rate of pay will be reviewed annually.

Hours of Work - You are normally required to work x hours per week 34 weeks of the year, during term time. We may vary your days or hours of work at any time but will endeavour to give you reasonable notice of change.

Holidays - You are entitled to 18 weeks holiday to be taken during the school holidays, four of which will be paid.

My logic is that if I have worked for 11 weeks and 1 day of the 34 weeks I should be paid for it, but their logic is that I have been paid for 3 months and that is all I am due. Do you think I have a good argument?