I have worked for 3 years in a nursery which is open term time only for 18 hours a week. I work the full 18 hours and am paid at an hourly rate. My wages are spread pro rata across the year.
In my contract from 3 years ago it states I have no entitlement to paid holiday. When I started the nursery was open 13 hours a week term time and I worked the full 11 hours.
From April 2009 opening hours were extended to 18 although we were not given new contracts.
I beleive that from April 2009 there was a Statutory right to 5.6 weeks pro rata paid holiday for part time employees, including those who work term time only and I should therefore be entitled to paid holiday even if I have to take it outside of term time.
I also wonder whether it was illegal for them to state I have no entitlement to paid holiday 3 years ago and whether I should have at that time been entitled to the Statutory 4.8 weeks which applied at that time.
Are there any other mums working term time only who may have had issues with holiday pay or who actually get holiday pay.
Any advice gratefully recieved.
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Part time worker denied holiday pay
9 replies
debbiedoodoo · 15/01/2010 11:21
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