Contract query

Raerae81

I currently work in a school. I have a permanent year round contract. I work 39 weeks a year 35 hours a week and I get 25 days holiday. I have had this contract since 2013. I have been to meeting this week where I was told I am being paid for 7 weeks that I do not work (when school is closed) and that I have to increase my hours to 41 a week to make up for the 7 weeks. Is this legal? If my contract has been like this for 4 years how can they suddenly say it's wrong?

Undervalued

If it is wrong then yes they can.

So, if I understand you correctly, you have in effect worked less total hours than your contract specifies but paid the full salary?

If that is the case then (in 99% of such circumstances) they can recover the overpayment. It seems they are offering you an alternative way of correcting the error by working additional hours in future?

Or am I misunderstanding?

Broadly, it is as much the employee's responsibility as the employer's to make sure that the correct salary is being paid. There are very few exceptions to this, often talked about but seldom applicable!

IAmWales

Is your salary pro rated but paid over twelve months? That would be the norm in this situation.

What exactly does your contract say?

Raerae81

My original contract said Pro Rata but it looks like they have made a mistake somewhere, I have tried working my wages out previously but gave up as no one could give me the updated pay scales. I've now been told that I'm going to have to make up the hour or take a pay cut. It just seems wrong that these contracts have been in place for so long and we work as requested (staying late occasionally with no overtime) and all of a sudden the contracts are wrong and we are being pushed to term time only,

IAmWales

The contract is correct, the payment is wrong. You're fortunate that the employer is not asking for the overpayment back. Be careful not to push this or they may choose to do so.

FBaby

You are as responsible as they are to ensure you are paid correctly. Saying that you couldn't work it out is as valid as them saying the same.

getmore4less

Raerae81 wrote: »

My original contract said Pro Rata but it looks like they have made a mistake somewhere, I have tried working my wages out previously but gave up as no one could give me the updated pay scales. I've now been told that I'm going to have to make up the hour or take a pay cut. It just seems wrong that these contracts have been in place for so long and we work as requested (staying late occasionally with no overtime) and all of a sudden the contracts are wrong and we are being pushed to term time only,

Ask again as they must have them now if they want to make this change.

They got it wrong before what make you think hey have it right now.

I would also check carefully they have got it right this time ask for the full calculations.


for statutory holidays prorata of a full time wage

39 weeks should be 84.1%
41 weeks should be 88.4%

check the old rates before you got any pay rises