Advise on term time only pay

skintdairymaid · 24 June 2019 at 4:29PM

Can anyone give me some advise on how to work out the following please?
I've been working for a private family business for the last 17 years. I've recently requested term time only hours which they have agreed to on a trial basis until January. I expect to pop into work for probably 1 day during the summer holidays to complete some office work. How can I expect my pay to be worked out? I'm thinking the easiest way is to do it so my contract ends at the end of July and new one starts September, there fore leaving me with no pay in August? Then I only get paid for the hours I work. How does this work in terms of holiday pay as obviously I'm not going to take actual holiday off during term time.
Hoping someone in here has been in this position and can offer some help. Many Thanks

Comms69 · 24 June 2019 at 4:42PM

skintdairymaid wrote: »

Can anyone give me some advise on how to work out the following please?
I've been working for a private family business for the last 17 years. I've recently requested term time only hours which they have agreed to on a trial basis until January. I expect to pop into work for probably 1 day during the summer holidays to complete some office work. How can I expect my pay to be worked out? I'm thinking the easiest way is to do it so my contract ends at the end of July and new one starts September, there fore leaving me with no pay in August? Then I only get paid for the hours I work. How does this work in terms of holiday pay as obviously I'm not going to take actual holiday off during term time.
Hoping someone in here has been in this position and can offer some help. Many Thanks

No need to end and start a new contract - no idea why that is even considered

Either calculate a day / hour rate, or simply a % against a WTE.

Have you asked your employer, as ultimately it's up to them

Smodlet · 24 June 2019 at 4:49PM

If you have been working for the same employer for more than 2 years, you have some rights. After 17 years I think offering to go on to a periodic contract would be foolhardy as you are then giving them carte blanche to dismiss you the day it ends with no redress.

Why not just continue as you are but be paid proportionately for the months you do not work a whole month? I mean maybe get approximately 50% of whichever month Easter falls into, March or April. Get about 50% of your salary for July, none for August and, what? 75% for September?

That is how I would suggest it be done but it is your employer's decision, not yours, even if you do the payroll.

skintdairymaid · 24 June 2019 at 4:54PM

Thanks. I'm asking as they don't know what the options are either

skintdairymaid · 24 June 2019 at 4:58PM

Smodlet wrote: »

If you have been working for the same employer for more than 2 years, you have some rights. After 17 years I think offering to go on to a periodic contract would be foolhardy as you are then giving them carte blanche to dismiss you the day it ends with no redress.

Why not just continue as you are but be paid proportionately for the months you do not work a whole month? I mean maybe get approximately 50% of whichever month Easter falls into, March or April. Get about 50% of your salary for July, none for August and, what? 75% for September?

That is how I would suggest it be done but it is your employer's decision, not yours, even if you do the payroll.

So if we work out what my holiday entitlement is by working out working hours per year and going on gov holiday calculator, then divide working hours plus holiday into 12 monthly payments? How does this work with being off all of august? annual leave has always run from april to april and I've already taken some holiday

Smodlet · 24 June 2019 at 5:06PM

skintdairymaid wrote: »

So if we work out what my holiday entitlement is by working out working hours per year and going on gov holiday calculator, then divide working hours plus holiday into 12 monthly payments? How does this work with being off all of august? annual leave has always run from april to april and I've already taken some holiday

I'm sure I have no idea. It really is for you and your employer to thrash out. I have suggested what I think might be the simplest way but the details really are up to your employer. If they have asked you to figure this out and you prefer to receive the same income every month, regardless of how many hours/whether you work, I suggest you suggest that.

Comms69 · 24 June 2019 at 5:08PM

skintdairymaid wrote: »

So if we work out what my holiday entitlement is by working out working hours per year and going on gov holiday calculator, then divide working hours plus holiday into 12 monthly payments? How does this work with being off all of august? annual leave has always run from april to april and I've already taken some holiday

If you're entitlement is statutory it's a simple 12.07% calculation for annual leave

So let's say you do 39 weeks work FT (actually how many weeks is it 3x 1 for half term, 6 for summer, 2 for easter and 2 for Christmas?)

Add on the 12.07%, divide by 12, monthly figure.

jobbingmusician · 24 June 2019 at 5:34PM

One way to develop a contract (and make sure it specifies it is continuous with the old contract) might be to have annualised hours. For example, you could work out what 35 hours per week over 3 (12 week?) terms might be, then add on an hour a week for the remaining weeks of the year to give an annual figure of hours you must work. (This assumes 35 phw = full time).

Once you have worked out what your annual hours total, you can divide this by 52.14 (number of weeks in a year, IIRC), multiply this result by 5.6, and this new figure is the number of hours' paid holiday you are entitled to per year. Remember that any bank holidays you have to take will be taken from this total of allowed holiday.

paddedjohn · 25 June 2019 at 11:50PM

Can you not just ask to take all your holidays in one go.

SueC_2 · 26 June 2019 at 1:37PM

paddedjohn wrote: »

Can you not just ask to take all your holidays in one go.

And/or take unpaid leave for the period that you're not going to be there.

getmore4less · 26 June 2019 at 2:13PM

Although renewal of "term time" give continuity anyway best avoid any confusion, you need a contract that is obviously continuous.

What many places do is still pay over 12 months just prorata for the weeks worked+holiday.

eg. if you are 52 weeks with 5.6 weeks statutory holiday(46.4 worked)

Say you do 39 weeks term time that is (39/46.4)*5.6= 4.71 weeks PAID holiday

43.71/52= 84% Of current pay spread over the year, adjusted for start an end years if they don't line up with the pay/holiday year

If it a trial period then it might need adjustment if you return to full time.

For a holiday year April/April it will need some adjustments to cover till April where if you are still on term time you can go to the method above.

Depends on the mix of work/holiday you may be due a bit more pay over a full term time amount as there were 3 holiday weeks in that period.

Advise on term time only pay

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