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Term time working and resignation

Hi there 

I work in a school. I start in a new one on 31st August. I resigned in June giving a leaving date of 30th August. 

I am paid for 41 weeks a year. I worked the full school year. I started 3 years ago right at the beginning of a school year. I am paid in 12 months instalments so that I receive money each month. So essentially my 41 week salary is shared over the year. 

I received my p45 this week. They have put a leaving date of 1 July. (I actually worked until the 2 July last day of term) I have now not been paid for July and I won’t be for august either. 

It is my belief that having worked a full school year that I should be paid for July and august holidays. I said I was leaving 30th august. They have essentially put me to leave 1 July. They are ignoring all communication about this. Leaving me in a very serious financial predicament. 

I have no contract but I do have salary and number of weeks I will be paid for in writing. 

Help!! Where do I stand? 

Replies

  • edited 5 August at 10:26AM
    IAMIAMIAMIAM Forumite
    884 Posts
    500 Posts Second Anniversary Name Dropper
    Forumite
    edited 5 August at 10:26AM
    You are correct.
    Just put an employment tribunal claim in for unpaid wages - very simple form, they will soon react.
    Don't forget to include costs with your claim. 
    Lastly, make sure you copy in the HR people with some courses to attend on how to manage people and contracts properly - reason why most education sectors are pants. 
    They are also at fault for not providing a contract. 
  • IAMIAMIAMIAM Forumite
    884 Posts
    500 Posts Second Anniversary Name Dropper
    Forumite
    https://www.gov.uk/employment-tribunals

    The fact they have changed your resignation date is appalling too. 
  • cr1msoncr1mson Forumite
    849 Posts
    Part of the Furniture 500 Posts Combo Breaker
    Forumite
    Did you get a response to your resignation as they may have decided to give notice themselves or assumed that you were giving a months notice and calculated it from there?

    In terms of the term time pay remember to factor in holidays so when I was on a term time contract I was paid for 44 weeks. How much I was owed depended on when I left. I would warn you that it took a long time to resolve when my contract ended at end of term to get the money owed and a lot of spreadsheets. As a PSW the threat seemed to be that it may take me at some points of year below NMW. 

    I explained that effectively my pay accrued at one rate but was paid at another so that I had accrued x but only been paid y.

    Good luck!
  • Finikaty123Finikaty123 Forumite
    6 Posts
    First Post
    Newbie
    cr1mson said:
    Did you get a response to your resignation as they may have decided to give notice themselves or assumed that you were giving a months notice and calculated it from there?

    In terms of the term time pay remember to factor in holidays so when I was on a term time contract I was paid for 44 weeks. How much I was owed depended on when I left. I would warn you that it took a long time to resolve when my contract ended at end of term to get the money owed and a lot of spreadsheets. As a PSW the threat seemed to be that it may take me at some points of year below NMW. 

    I explained that effectively my pay accrued at one rate but was paid at another so that I had accrued x but only been paid y.

    Good luck!
    Thank you. They acknowledged my resignation. But that was it! And it clearly said 30th August. I am paid a set salary and it’s for 41 weeks flat. Not sure if any holidays on top. What I have currently been paid takes me to below minimum wage since April! 
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