Any employment / HR types here ?

[4F]

My wife starts a new job tomorrow which is term time only (39 per weeks a year) 15 hours a week. She has been e mailed the contract of employment today which states she is not entitled to any holiday pay.

I have looked at the direct gov site and I don't think the above is right and by my calculations get 4.2 days.

Just wondered whether there were any experts here that could please confirm for me one way or the other.

Thanks in advance

4F

 

[BearPear]

Does she get paid 52 weeks per year, or is she paid in term time only? If she is paid pro-rata over the whole year this may be why there's no holiday pay (the assumption being that she gets paid even while "on holiday" during school vacation periods?) Just a thought, I'm no HR person.

 

[4F]

Term time only, 39 weeks per year

 

[sticky sherbert]

The Good lady wife who used to work in education HR says that the only holidays will be bank holidays and school vacation periods, she gets them but they are fixed

 

[4F]

The Good lady wife who used to work in education HR says that the only holidays will be bank holidays and school vacation periods, she gets them but they are fixed

Is an unpaid period off though counted as a holiday ?

 

[twentysix by twentyfive]

There used to be such things as holidays which were unpaid. These days we sort of expect to get paid during hols. But times change. I couldn't say what's legal or not tho'.

 

[sticky sherbert]

Is an unpaid period off though counted as a holiday ?

She says that in her local authority they never paid any term time only employees any holiday and they used the national terms and conditions so it is probably the case with your wife's employers also.

 

[4F]

She says that in her local authority they never paid any term time only employees any holiday and they used the national terms and conditions so it is probably the case with your wife's employers also.

This is from the direct gov site but note it starts with the line "will depend on your contract of employment" which sort of leaves it open

Term-time workers

If you only work term-time your holiday arrangements will depend on your contract of employment. If you work a reduced number of weeks during the year, you accrue a pro-rata entitlement to paid leave. You need to calculate how many hours a week you work on average over the whole year, then multiply this by the holiday allowance.
For example: your contract is for 40 hours a week for 40 weeks of the year, 40 x 40
Step one: multiply your weekly contracted hours by the number of weeks you work:

40 hours x 40 weeks = 1,600 working hours for the year
Step two: calculate the average hours you work each week by dividing your hours for the year by 46.4 (which is 52 weeks in the year minus the 5.6 weeks you would be on holiday and so not working to accrue annual leave):
1,600 hours divided by 46.4 weeks = 34.48 average hours a week
Step three: multiply your average working week by the holiday allowance:
34.48 hours x 5.6 weeks = 193.09 working hours' holiday allowance a year
Step four: if you want to convert this into holiday days, then divide again by the number of hours per day that you work.
Taking your leave

If you work your full 1,600 hours and take your holiday at other times (eg during school holidays) you accrue holiday on the whole 1,600 hours which equals 193.09 hours.
If your contract of employment requires you to take your holiday during term-time, you accrue holiday on the weeks (or hours) you actually work.

 

[sticky sherbert]

This is from the direct gov site but note it starts with the line "will depend on your contract of employment" which sort of leaves it open

Typical for a local gov contract, Mrs Sherbert says that in general only the people who are required to work out of term time ie teachers and caretakers tend to get holiday pay. They are obliged to take their holidays out of term time otherwise they loose pay and the only exception is for their wedding day, but not the honeymoon