Term time entitlement

plumbingdad

If working a term time job do you get a holiday pay at all. So a 39 week year with no days leave bar bank Holidays.

Wages paid over 12 month.

Would it be 39 x weekly wage divided by 12

Or would it be 39 plus 5.6(minimum entitlement) x weekly wage divided by 12?

jackieblack

Well you should get paid for the statutory minimum, pro rata'd, but whether you get paid for the holiday in addition to the 39 hours or not depends on whether you can take holiday during term time or not. 
If you can't (and therefore all holiday is deemed to be taken during school holidays, you should get paid for this in addition to the 39 weeks worked.
If the holiday is taken during term time (unusual) it would be included in the pay for the 39 weeks 'worked'.

plumbingdad

Yes no holidays except Bank Holidays.

jackieblack

So you should be paid for the holiday in addition to the 39 weeks - don't forget this may need to be pro-rata'd for working fewer than full time hours (37.5?) as well as for working fewer weeks, if applicable

plumbingdad

30 hours a week at 10 pound.
 
I believe it should be ((30×10) x 44.6)÷12= 1115 a month less deductibles

Currently been bringing  £975 a month. Which is ((30 x 10)x39)÷12.

Marcon

plumbingdad said:

30 hours a week at 10 pound.
 
I believe it should be ((30×10) x 44.6)÷12= 1115 a month less deductibles

Currently been bringing  £975 a month. Which is ((30 x 10)x39)÷12.

Check that increases when minimum wage rates increase in April.

Sounds wrong in terms of holiday pay. What exactly does your contract say on the matter?

cr1mson

The number of weeks would be less than 44.6 as the bank holidays would need to be deducted. When I worked term time I was paid for 42.66 weeks. I can't remember if was working 38 weeks though at that point but basically it would not be 44.6.

plumbingdad

Just the work hours of 30 hours a week Monday to Friday 9 till 3 at 10 per hour working round primary school holidays. Term time payment split over twelve month.
Had a discrepancy last weekend and we've been asked to work out but I didn't see a mention of golidays and am questioning but don't want to say something in case I'm wrong. I used to employ staff fifteen years back and had to pay part time staff holidays, so thought there should be some sort of entitlement for term time workers. I'm sure it's an honest mistake by the employer as my partner Is their first term time employee. 

Scorpio33

There is a new ruling that is relevant here...

https://croner.co.uk/resources/leave-absence/case-law-update-harpur-trust-v-brazel/

The key bit here:

"The key takeaway from this judgement is that all workers (note, this includes employees) should be getting 5.6 weeks leave. It doesn’t matter how many weeks in the year they work. What is crucial is:

• That their contract is ongoing
• That they are not required to work every week of the year
• That their holiday pay should be based on an average over 52 weeks in which they have performed work"

plumbingdad

That's what I've worked it out off. I know there may be some bank Holidays included already that I need to deduct somewhere but I'm just trying to ensure I'm on the right lines. They pay an accountant to do payroll so not sure why they arent aware of it.

plumbingdad

There has now been a change as they can't afford her 5 days with entitlement .

They are now saying 18 hours a week term time only at 10.50.

I work that she should get 5.6 weeks holiday which is 100.8 hours.

Mondays aren't her contracted days so bank Holidays don't come into effect if I'm right.