Term-time pay adjustment not received when leaving job part-way through the year

cmthephoenix

HasG said:

Sorry about that. Here are the unredacted amount.

"5.1 Your salary amounts to £23,375.52. Your salary accrues on a daily basis and is paid monthly in arrears.
5.2 The salary quoted in 5.1 is pro rata of £27,055 for your part time post."

There was a salary increase in May or June 2023. New amounts from payslip are:

£28407.00 (prorata: £24543.65)

NMW doesn't apply then. So I would read that your salary accrues daily at your annual rate regardless of what you've actually worked for that particular period.
With regards to annual leave the Trust will also have a policy if any untaken days are allowed to roll over after the 1st April. "You are not entitled to receive pay for annual leave not taken" may override that in that even if you are allowed to roll over some days in that you can't then get paid for those roll over days if you leave (it's not clear). The intranet link would have told you if any days did roll over but you won't have access to that now. Then you've got to do all the Maths associated with "Your leave entitlement includes paid annual leave on public holidays, which will be pro
rata for part time staff. If your normal working pattern falls on a public holiday and you are not required
to work you are required to use this entitlement when public holidays fall due." bearing in mind the early May bank holiday which appears to be during term time.

HasG

cmthephoenix said:

NMW doesn't apply then. So I would read that your salary accrues daily at your annual rate regardless of what you've actually worked for that particular period.
With regards to annual leave the Trust will also have a policy if any untaken days are allowed to roll over after the 1st April. "You are not entitled to receive pay for annual leave not taken" may override that in that even if you are allowed to roll over some days in that you can't then get paid for those roll over days if you leave (it's not clear). The intranet link would have told you if any days did roll over but you won't have access to that now. Then you've got to do all the Maths associated with "Your leave entitlement includes paid annual leave on public holidays, which will be pro rata for part time staff. If your normal working pattern falls on a public holiday and you are not required to work you are required to use this entitlement when public holidays fall due." bearing in mind the early May bank holiday which appears to be during term time.

Thanks for the reply.

This is from the contract -

"In exceptional circumstances up to one week of basic contracted hours may be carried over to the following year, with the agreement of the manager."

Did not work during the following school half-term breaks -

Feb 13-17 (5 days)

Apr 3-14 (8 days. Apr 7th and 10th were Public Holidays)

May 30-2 Jun (4 days)

Total: 17 days

She did get more holidays than her pro-rata entitlement (12.5 I think)

cmthephoenix

This is from the contract -

"In exceptional circumstances up to one week of basic contracted hours may be carried over to the following year, with the agreement of the manager."

Did not work during the following school half-term breaks -

Feb 13-17 (5 days)

Apr 3-14 (8 days. Apr 7th and 10th were Public Holidays)

May 30-2 Jun (4 days)

Total: 17 days

She did get more holidays than her pro-rata entitlement (12.5 I think)

So unless she agreed it with her manager any annual leave outstanding before the 1st April was lost.
So I believe your only concern now is to calculate the annual leave outstanding from the 1st April that they may have been due to be paid and then compare to what was on the final pay slip (which looks like it may have not understood she was leaving anyway if the whole month was paid).

HasG

cmthephoenix said:

So unless she agreed it with her manager any annual leave outstanding before the 1st April was lost.
So I believe your only concern now is to calculate the annual leave outstanding from the 1st April that they may have been due to be paid and then compare to what was on the final pay slip (which looks like it may have not understood she was leaving anyway if the whole month was paid).

Thank you for the reply.

In a term-time only contract it is understood that you carry over your accrued holidays to be used during the school holiday periods. In a term-time ony contract, the employee does not get to choose when to enjoy their annual leave. Rather, the annual leave (and more) is imposed upon them when the school closes for vacaction. But this is not mentioned in the contract. HR had merely edited a standard template offerred to all employees.

My main concern is, is she due a term-time pay adjustment when leaving, since her salary is pro-rata?

She worked 37.5 hours/week but her salary was adjusted to be 32.4 hours/week, because they thought that she will work the whole year and therefore enjoy ALL the school holidays, which will eventually balance things out. But she left early.

cmthephoenix

As I said my reading is that "Your salary accrues on a daily basis", it makes no distinction between term time or not or what hours have actually been worked in that period.

HasG

cmthephoenix said:

As I said my reading is that "Your salary accrues on a daily basis", it makes no distinction between term time or not or what hours have actually been worked in that period.

Thanks for your help thus far. The Trust has finally got back to us and confirmed that she is owed pay.

EnPointe

cmthephoenix said:

I suspect it will all come down to what the local policies of the Trust are.
2 points. 5.6 weeks annual leave for 39 weeks seems rather a lot. Regardless of what the local trust policies are they can't take you below national minimum wage for the hours actually worked if that is applicable.

5.6 weeks  based on the 32.4  hours  weekly contracted hours in all likelihood rather than 5.6  weeks of  37.5  that a full timer  would get