Term time school contract

QJBabs

Can some one help. I have a 39 week contract with pay spread over 52 weeks,so although I don't work the 6 weeks summer holidays I get paid at the end of July and August because I have completed my 39 contracted weeks. I was given my notice ( redundancy) which ran across the holiday period and my employer is using that pay as part of my notice pay. My argument is that I have already eared that money and my 12 weeks notice should be on top of that. My contract also states that notice periods should not include the holidays.

Ebe_Scrooge

12 weeks notice sounds a lot - but may be correct, you need you check.

When you say that the contractual notice period does not include holidays - does that mean statutory or discretionary holidays ? I'm thinking of thing like bank holidays here, but judging from your post I'm assuming you're a teacher / teaching assistant / school janitor or similar ? In this case, you need to check carefully what is defined as your statutory vs discretionary holidays. It may be that if you are required to be off from, say, June - August, these are statutory holidays and aren't included in notice calculations. But if you elected to take a week off in March for instance, then that's different.

You need to check your contract carefully as regards holidays / notice. Even better - are you a member of a union ? If so, they will be able to give you far more accurate and detailed advice than any internet forum

sweetilemon

Most term time contracts work 39 weeks pay + 6 weeks(or whatever the stat holiday is) /52 this would be 39 weeks working, 13 weeks off. Same weekly/monthly/fortnighly pay.

It is a difficult calculation as it depends on hours worked + accured holiday -hours and holiday paid. I would suggest union representation.

naturaljazz

I would speak to ACAS on the phone helpline. It depends if you are on a permanent contract, or as schools where i live do, it is a temporary contract. For example my contract was simply renewed every year for two years until I was offered a permanent contract in the third year, so for two years I was only counted as on supply, but just like you my salary was spread over 52 weeks so I got paid all year round (LEA in schools). As you say your entitled to 12 weeks notice you have worked for the LEA/school for 12 years plus. As your paid 'pro rata' (39 weeks) you only work September to July, so the 12 weeks notice should be in those months not in the holidays. Hmm. I dont know about where you are, but I would use ACAS rather than my union, simply because it is complex. ACAS are a very good source of information relating to employment law. go to acas.org.uk
Good luck