Redundancy pay for term time jobs

Becca22

Hi,
I'm hoping you can clarify something about redundancy pay. I work in a preschool and they are asking for voluntary redundancies. We get paid fortnightly and only during term time. We get our holiday pay 2 weeks during Christmas holidays, 1 week at Easter holidays and 2 weeks for Summer holidays. I have worked there since 3rd September 2013 and as such believe I should get 7 years redundancy pay if I work up till the end of the school year (end of July 2020). As this is not 'technically' a full year in the broadest sense (6 weeks short due to the Summer hols) my employer says I'm only entitled to 6 years redundancy. However the preschool is closed for August so how could I work until September if I wanted too?! Where do I stand legally on this please? Thanks in advance for your help!

mothertoben10

Unfortunately the years worked is taken to the date you leave so if you are being made redundant at the end of July then your employer is correct, it will only classify as 6 years. It sucks but those are the hits you take working term time (I too work term time and have done for 14 years, I was made redundant over a year ago now)

Undervalued

Becca22 said:

Hi,
I'm hoping you can clarify something about redundancy pay. I work in a preschool and they are asking for voluntary redundancies. We get paid fortnightly and only during term time. We get our holiday pay 2 weeks during Christmas holidays, 1 week at Easter holidays and 2 weeks for Summer holidays. I have worked there since 3rd September 2013 and as such believe I should get 7 years redundancy pay if I work up till the end of the school year (end of July 2020). As this is not 'technically' a full year in the broadest sense (6 weeks short due to the Summer hols) my employer says I'm only entitled to 6 years redundancy. However the preschool is closed for August so how could I work until September if I wanted too?! Where do I stand legally on this please? Thanks in advance for your help!

With a so called "voluntary" redundancy (technically there is no such thing despite it being a common term!) there is no "should" about it. The terms are whatever the two parties agree!

If it is a true (i.e. compulsory) redundancy then the legally specified minimum entitlements come into play. If that is the case then I am afraid I can't definitively answer your 6 / 7 year question! I can see arguments both ways. However, as I say, it is only relevant if it is a true redundancy. If it is voluntary it is whatever you and the school agree.

Becca22

Thanks for your replies!
Do you know what the thing is with holiday pay? At work we get paid 2 weeks Christmas, 1 week Easter and 2 Summer holidays. If we leave before the end of the school year - are we entitled to this holiday pay? Also does my employer have to give me paid time off to attend interviews? Thank you!

mothertoben10

The holidays is a fun one, as what they do is put the holiday pay into your annual pay amount and then divide by 12 for your monthly salary. If you work a full academic year and hand your notice in to finish on 31st August then yes, you are entitled to the full holiday entitlement paid. If not, they do some funky calculation and it's a coin toss whether you get extra pay or not. If you have been notified that you are being made redundant (not just possibly but definitely) then you may take any time you need to have interviews and even go on courses if it will help you find a job. Normally, if you are not being made redundant, school can pay you for an interview or two but this is completely at their discretion, they don't have to.

Undervalued

Becca22 said:

Thanks for your replies!
Do you know what the thing is with holiday pay? At work we get paid 2 weeks Christmas, 1 week Easter and 2 Summer holidays. If we leave before the end of the school year - are we entitled to this holiday pay? Also does my employer have to give me paid time off to attend interviews? Thank you!

In a compulsory (i.e true) redundancy situation you would be entitled to time off for interviews.

Regarding holiday, you would be entitled to a pro rata amount of holiday. So, if you have worked three quarters of the year you would be entitled to three quarters of your annual holiday allowance. If you have taken more holiday than that, they can deduct the appropriate amount from your final pay. If you have taken less than your share of holiday they must pay you for the difference.

However, as I said earlier, with so called voluntary redundancy it all comes down to what the parties agree. Basically they are making you an offer to "go quietly" which you either accept, negotiate a better deal or carry on working!