Term-time working & holiday

thelawnet

My wife is leaving her job, which is a term-time contract.

The contract, which was entered into on 1 September 2012, and which will end on 30 April 2015, reads

"Your permanent hours of work are 37.5 hours per week."

"Your pay will be annualised inasmuch as you will receive the same amount of pay per month throughout the year. ... You will be paid £1,250 per month"

"The working year on which payment is based comprises 210 days during the school terms, and in addition 21.8 paid holidays (see Clause 4). This total 231.8 days or 46.36 weeks p.a.)

Your hourly rate of pay is £8.63 per hour."

and

"The annual leave year will commence on 1 September and you will be entitled to 21.8 days paid holiday per year (pro rate for part time contracts.)"

Now she has handed in her notice and we have some issues in relating to pay, essentially:

(a) As I understand, under the Working Time Regulations, there is an entitlement to 5.6 weeks holiday per year, for someone with normal year-round working patterns. This results in a working year of 46.4 or maybe 46.5 weeks (depending on the 365th day, which for the working year 1 September 2014 - 31 August 2015 would be a Monday ).

My wife is working 42 weeks, so I reckon her statutory holiday entitlement is:

42/46.5 * 28 days = 25.29 days. And she is paid for only 21.8 days holiday, so they actually owe her a further 3.49 days paid holiday.

On what basis should this be pursued? How about claims for the previous working years?

(b) Her working year basically results in her getting paid in arrears right up till the end of the year, as she gets the same salary year round, based on the shortened working year, but most of the holiday comes at the end of the year.

They have claimed that she owes them six days, I think they have done this based on the holiday she would be going to take in August (because school is closed), IYSWIM.

I am not really sure how to work this out, because she works 42 weeks, plus by my reckoning 5.06 weeks holiday, but that obviously still leaves nearly 5 weeks in the year for which she is not paid (because she is not working).

I would say that she has to work 210 days in a year, and 1st September to 30th April is 8 months, so she should have worked 140 days (8/12 * 210). But in fact she will have worked 155 days, plus an additional two days' weekend overtime (I think this is separate?), which they've not paid her for, so on resignation she is due 3 weeks holiday pay.

Does this look right?

milliemonster

5.6 weeks entitlement is based on someone working 52 weeks per year, as your wife works only 42 weeks per year her entitlement will be based on that so it should be 42/52 x 28 which I work out to be 22.6 days, has she spoke to her employers to find out how they calculated 21 days?

thelawnet

milliemonster wrote: »

5.6 weeks entitlement is based on someone working 52 weeks per year, as your wife works only 42 weeks per year her entitlement will be based on that so it should be 42/52 x 28 which I work out to be 22.6 days, has she spoke to her employers to find out how they calculated 21 days?

Nobody works 52 weeks a year, they work 52 weeks minus their 5.6 weeks holiday, which is 46.4 weeks.

She works 42 weeks, so it would be roughly 42/46.4 * 28

getmore4less

Do any of those 210 days have weeks where there are paid days off?

I would go back to basics and query the holiday allowance and how that was calculated?

I guess clause 4 may have some info!

in a normal year if she worked 210 days then that would be(for statutory holidays).

((210/5)*37.5*1.1207*£8.63)/12 = £1269.40pm

milliemonster

thelawnet wrote: »

Nobody works 52 weeks a year, they work 52 weeks minus their 5.6 weeks holiday, which is 46.4 weeks.

She works 42 weeks, so it would be roughly 42/46.4 * 28

I appreciate that but for working out statutory holiday entitlement it is based on a full year, Ie 52 weeks, your wife works term time only so her statutory entitlement will be based proportionally on that.

pmlindyloo

ACAS says that there is no particular calculation for working out holiday pay.

See here:

http://www.acas.org.uk/media/pdf/7/o/Holidays-and-holiday-pay.pdf

page 8

Give them a ring with your contract details ready.

[Deleted User]

Term time in a state school would be 40 weeks unless she also works some of the school holidays

getmore4less

milliemonster wrote: »

I appreciate that but for working out statutory holiday entitlement it is based on a full year, Ie 52 weeks, your wife works term time only so her statutory entitlement will be based proportionally on that.

That only works were the holidays are taken within the 52 weeks

For a term time where the holiday are taken outside the period you cant use your ratio.

You have to use 5.6*(work+holiday)/52=holiday.

I will leave you to work out the answer.

tomtontom

getmore4less wrote: »

That only works were the holidays are taken within the 52 weeks

For a term time where the holiday are taken outside the period you cant use your ratio.

You have to use 5.6*(work+holiday)/52=holiday.

I will leave you to work out the answer.

Read further up, that's what milliemonster said

getmore4less

milliemonster wrote: »

5.6 weeks entitlement is based on someone working 52 weeks per year, as your wife works only 42 weeks per year her entitlement will be based on that so it should be 42/52 x 28 which I work out to be 22.6 days, has she spoke to her employers to find out how they calculated 21 days?

tomtontom wrote: »

Read further up, that's what milliemonster said

I have quoted above what they said and it is wrong.

theoretica

getmore4less wrote: »

You have to use 5.6*(work+holiday)/52=holiday.

tomtontom wrote: »

Read further up, that's what milliemonster said

That isn't actually what milliemonster said, at least not in her first post. 5.6*(work+holiday)/52=holiday is what the OP suggests. Milliemonster, and the employer seem to have used 5.6*(work)/52=holiday which doesn't give the expected answer for a full time permanent employee.

I would add in the detail that there are not exactly 52 weeks in the year: 365.25/4 = 52.18