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Part time staff diddled out of holiday pay

(8 Posts)
Piggywaspushed Fri 09-Aug-19 18:13:34

Thought this might be of interest to part time school workers. This ruling will apparently have national implications:

www.bbc.co.uk/news/uk-england-beds-bucks-herts-49254291

OP’s posts: |
noblegiraffe Fri 09-Aug-19 21:34:13

I’m not quite sure I get it. I get paid the same in the holidays as I do in term time like full time teachers.

Presumably when they say she’s a music teacher, she’s some sort of peripatetic teacher on a term-time only contract?

helpsomuchclutter Fri 09-Aug-19 21:35:30

I'm not quite sure I get it either!

Piggywaspushed Fri 09-Aug-19 21:41:15

There are other articles if you google that make it a bit clearer. the landmark case was looking at her entitlement to leave. I didn't get it either but have never been part time. I assume she is an instrumental teacher, yes.

OP’s posts: |
Piggywaspushed Fri 09-Aug-19 21:43:20

Don't know if this makes more sense?

www.ism.org/news/landmark-case-brought-by-ism-member-confirms-right-to-minimum-annual-leave-for-all-workers

OP’s posts: |
spongedog Sat 10-Aug-19 09:08:09

I am term time plus a couple of weeks. I am also paid the same each month over 12 months. But I think this case is referring to the actual calculation of holiday pay and it will be very interesting to see what happens next. I have also read a few articles and the working time directive calculation seems to give higher holiday days.

CruellaFeinberg Sat 10-Aug-19 09:12:40

BBC link
The school had allocated Ms Brazel's holiday pay as a percentage of yearly hours worked, while the judges said it should be based on her average weekly pay over a 12-week term.

Other link
The ISM legal team argued right from the start that all workers are entitled to 5.6 weeks holiday pay per year. We made clear that payment for each weeks holiday should be calculated according to section 221-224 of the Employment Rights Act 1996. This stipulates that when payment to employees varies, then the average of the last 12 weeks paid work, prior to taking leave should be used

That's interesting I've working with temps, and they always got a % of hours worked which made up the holiday pay

Piggywaspushed Sat 10-Aug-19 10:30:49

Yes, that's why this is a test case, I think , but the woman concerned was on a permanent contract.

OP’s posts: |

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