Term time redundancy

Legacy_user

Hi/ all
Being made redundant, help required please
Gov. U.K. , Acas no use!
I work at a play school as a nursery assistant
30 hrs a week term time only,
39 weeks per yr
I've filled in my details pay age service etc in on gov.uk
Which says I'm entitled to 26.5 weeks pay at my weekly pay
But my boss wants to divide my wage by 52 weeks reducing my payout considerably, is he allowed by law to do this.
At finish date 54 yrs old , 20yrs service !
Any help to resolve this would be most grateful

getmore4less

For redundancy a "weeks pay" as defined in the employment act.

http://www.legislation.gov.uk/ukpga/1996/18/contents
http://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/II

martinsurrey

ajpr wrote: »

Hi/ all
Being made redundant, help required please
Gov. U.K. , Acas no use!
I work at a play school as a nursery assistant
30 hrs a week term time only,
39 weeks per yr
I've filled in my details pay age service etc in on gov.uk
Which says I'm entitled to 26.5 weeks pay at my weekly pay
But my boss wants to divide my wage by 52 weeks reducing my payout considerably, is he allowed by law to do this.
At finish date 54 yrs old , 20yrs service !
Any help to resolve this would be most grateful

to help with the above post (which is correct)

"Subject to section 222, if the employee’s remuneration for employment in normal working hours (whether by the hour or week or other period) does not vary with the amount of work done in the period, the amount of a week’s pay is the amount which is payable by the employer under the contract of employment in force on the calculation date if the employee works throughout his normal working hours in a week."

as I assume your salary is paid to you in equal installments across the year, regardless of how many work weeks are in that period, a "weeks pay" is the amount due your salary divided by 52.

sangie595

Given the length of time the OP has worked here, their pay arrangements probably predate the case laws that have formed around term time working. So it may not be the case that they are paid in equal instalments across the year (people didn't normally be paid in this way 20 years ago!) if the employer hasn't updated their approaches. And it wouldn't be unlawful to pay in this way. That is probably what has confused the OP.

That said, on a very basic level, the point is correct - the weeks wage is derived from the annual salary because the OP is in employment over a full year. However, if the employer hasn't changed these conditions to more "up to date" ones, I am wondering if other things have been updated - holiday entitlement, for example; or national minimum (now living) wage. Because, back in the day, a lot of these workers didn't get holidays because of the prevailing laws and mistakes made that people didn't know about.

OP - how are your holidays paid?