Term time only contract help

MrsP17

Hi, I’m hoping someone with some experience might be able to help.
I joined a local school as a term time part time kitchen assistant. I started in May 2019 & so have been there a little over 3 years. I have an opportunity for a new job which would start in September, my current contract is that I work 40 weeks inclusive of holiday, but my pay is equally split over 12 months so that I get the same amount every month regardless of school holidays. 

My question is if I take this job and hand my notice in today, will I still be paid over the summer period? My contract just states that I need to give 1 months notice it doesn’t state whether they need to be working days or not. I assumed that if it’s one months notice from today then my notice period would end on the 17th August and therefore only be paid up until that date. To be honest I can’t really afford to lose out on 3 weeks pay, so do I delay my notice  or is it true that some have suggested that I will be paid the whole summer holiday regardless of when I hand my notice in over the holidays as I will have already worked the full school year. Also some others have suggested that I could end up owing them money as my end pay would be calculated from my anniversary date and not the school year! 

I have tried to contact HR ( without success so far) to clarify my terms but this is difficult without telling them why I want this and raising eyebrows if the new position doesn’t come to fruition. 

Sorry for the confusing waffle, 🤯hopefully someone can decipher it and shed some light! 

Thank you in advance 

biscan25

So my partner was a teaching assistant, so is paid like yourself. 
Basically when you leave they should work out how much you should have been paid up to your date of leaving, taking into account the days you actually worked.
Lets take the example, where you earn £x pro rata for 40 weeks work, but pay is spread over 52 weeks. If you start work in September 2021 and leave at the end of Summer term 2022, then you have already worked your allotted time for that year, so in your last payslip you would be paid for the summer holiday.

Also some others have suggested that I could end up owing them money as my end pay would be calculated from my anniversary date and not the school year! This is a possibility. Say if you started in March but resigned in September, you would have worked less than 40/52 of the time, so would owe money.

Term only contracts are very unfair, and make the amount you are actually paid so opaque, with roles advertising a salary based on a full year, but then only paying you a pro-rata amount. My partner now works casually doing bar work and various SEN type roles for charities, both of which pay significantly better, until she gets teacher status which is much more fairly paid. 

Silvertabby

'One month's notice' is usually just the mimimum requirement.  Will your HR accept your resignation from, say, 31 August?

MrsP17

Thank you- I’m trying to find out when my contract runs to and from, as you say if it’s school year to school year then they would have to pay for the summer period, but they might work it differently to that, it’s frustrating that I can’t get hold of HR. 

My new job would start in the first week of September & I am due back to my current job on August 30th so the latest I can give my notice in to not go back would be 1st August. I want to give them as much notice I can as they will need to advertise for my role or organise agency, but also putting my selfish hat on I can’t really afford to lose too much money if they only pay up until my months notice. I doubt they would accept a resignation letter dated as my last day being 29th August if I put my notice in for example today. 

biscan25

I'd suggest taking emotion out of these decisions, it's just business. Your current enmployer will find a replacement, even if they have to use agency.
I would serve notice just before the last possible date anyway, just in case anything happens with the new job etc.

Marcon

This makes interesting reading for anyone on a term time only contract: https://www.theguardian.com/law/2022/jul/20/uk-part-year-workers-entitled-to-full-paid-annual-leave-court-rules

MrsP17 said:

I want to give them as much notice I can as they will need to advertise for my role or organise agency, but also putting my selfish hat on I can’t really afford to lose too much money if they only pay up until my months notice. I doubt they would accept a resignation letter dated as my last day being 29th August if I put my notice in for example today. 

It's admirable that you want to give them as much notice as possible, but you then go on to say you 'don't think they would accept...'. If that's true (?is it), then there is nothing remotely selfish about protecting your own financial position. 

74jax

I recently completed a 1 fixed term contract.  My contract stated I was to work 195 days per Academic year, and this would be paid over 12 months. I left early (not end of August), and was given a salary adjustment to include all the pay owed as I'd worked all the days. 

MalMonroe

Your pay will be adjusted by them. They will surely be used to doing it as most of their staff will be paid the same way you are.

Just hand in your notice to suit your own circumstances and they will sort things out from there. If HR need any more information, they will contact you.

kimwp

I have no personal experience of this, but if you are paid for term time only then you will not be earning anything over the summer. You will still be paid if they owe you money for the hours worked during term time regardless of when you give notice. (Or you will have to pay them back if you've been paid more than the amount owed for the hours you have worked.). 

In summary, as you don't work during the summer holidays, when you give notice (as long as it's at least a month before the start of term time) won't change the amount of pay you will receive.

hyubh

biscan25 said:

My partner now works casually doing bar work and various SEN type roles for charities, both of which pay significantly better, until she gets teacher status which is much more fairly paid. 

By the by, but presumably that's allowing for the massive pension difference...? 

jackieblack

Marcon said:

This makes interesting reading for anyone on a term time only contract: https://www.theguardian.com/law/2022/jul/20/uk-part-year-workers-entitled-to-full-paid-annual-leave-court-rules

Very interesting! 🤔