incorrect calc of weeks holiday owed?

[Shoppaholic]

If my employment contract says my holidays (term time) are based on x council's term time dates (and that council has 37 weeks' holiday) but the contract specifies that particular council has 39 weeks' holiday, which weeks should my holiday's actually be worked out on? 37 weeks or 39? Obviously, I'm better off if it's 39 weeks but legally can anyone advise me where I stand? Thanks in advance.

[Rockchick1984]

How is it worded on the contract?

[Shoppaholic]

Hi Rockchick1984. One of the schedules appended to my contract says my term time appointment is based on 28 hours per week during school term time. The actual particulars of employment though state that my hours are "during term time (39 weeks per annum based on x council's schools term time)". Any ideas gratefully welcomed. Thanks.

[Rockchick1984]

I would have thought it would be 37 if that's what the council are currently using, as I would think that if the council changed to 40 weeks hol (for example) that you would also go to 40 weeks hols eg the 39 is a variable amount. I'm not an expert by any means, but that would be my understanding of it. I'd probably just ask your employer to clarify it :)

[Shoppaholic]

Thanks for that. I am wishing wondering though that it can be argued that THEY have specified 39 weeks and therefore this is what it should be. I'm not sure from a legal employment perspective where I stand though. My employers are mega-tight though and anything you can squeeze out of them is a bonus!! . Any thoughts from anyone else with experienc of this is welcomed........

[flowery]

Your holidays should be worked out based on the amount of time you work. Do you work 37 weeks a year or 39?

[Shoppaholic]

Thanks flowery. I work 39 weeks. I think you are right. I was just mulling over whether the fact my contract states something different would make an impact. Not to worry, thanks again to everyone who has contributed.