term time contracts and annual leave

[Tartan333]

I am considering applying for a part time (15 hours over 2 days) term time contract and I am trying to work out the pay. Would I be entitled to any statutory annual leave?

Obviously this wouldn't be to use as annual leave in the normal manner but would be added on to the pay if that makes sense?
Or do I calculate salary using hourly rate x number of hours x 39 (number of weeks)?

How many weeks would you be working?

You need to work out your percentage of a full time person.

Your hours divided by full time hours then times this by the number of weeks you work divided by full time weeks so:

15 hours divided by 37.5 multiplied by 43 weeks divided by 52 = 0.33FTE

So you'll get paid 33% of the full time salary.

It's just an example, not saying those figures are right!

Sorry, I've just seen you provided the number of weeks as 39. Holiday is probably 5 weeks, so add this to the 39 so you'll be paid for working 44 weeks which will include payment for your holiday weeks.

So (15/37.5) x (44/52) = 0.34FTE

So then multiply the salary by 0.34 and you'll get the figure including annual leave

Thanks, that's really helpful. I wasn't sure if 5 weeks holiday would be added on or not.

If you work 39 weeks out of 52 and the statutory holiday is 5 weeks then this is pro-rata'd too.

So, 39/52 x 25 days = 18.75 days paid holiday in addition to your 39 week pay.

In my job we get this paid equally over 12 months (so we do get paid in August) - you will be paid for 42 weeks 3.75 days spread over 12 months, the rest is unpaid.

”If you work 39 weeks out of 52 and the statutory holiday is 5 weeks then this is pro-rata'd too.”

No it isn’t. All workers, even those who don’t work the full year, are entitled to 5.6 weeks’ holiday. Any employer still pro rating holiday for term time workers after case law this year is acting unlawfully.

They look at it like you work for 39 weeks, plus receive the statutory minimum annual holiday allowance of 5.6 weeks which is added on to the 39 weeks to make about 44 weeks. The rest is unpaid.

So you receive an hourly rate x the number of hours per week that you work x 44 ish weeks per year.

But because most people would rather receive the same amount of money each month, rather than a slightly higher amount most months and then less or nothing when you are not at work, the annual amount is averaged out over the year so you receive the same amount of pay each month.

Flowery, so even a part time term time only worker would still get paid for 5.6 weeks?

It goes into the calculation tartan, you are already taking into account the TTO and part time hours in the rest of the calculation. If you pro rata the holiday before you put it in the calculation above then you'll be reducing it twice. A weeks leave for anyone is a weeks leave on their part time hours, isn't it.

” Flowery, so even a part time term time only worker would still get paid for 5.6 weeks?”

Yep. Until this year common practice was to give term time workers a proportion of the 5.6 weeks based on the fact they only work a proportion of the year. But there has been case law this year confirming that pro rating the 5.6 weeks down to account for working less than a full year is unlawful.

Thanks for the replies, I will be able to calculate the pay of term time only jobs now. That's good news about the new case law!

I got 5.6 weeks leave on my term time job as I had 14 years service with the council. My wage was paid over 12 months which was good.

Flowery, do you have the name of that case you mentioned?

Harpur Trust vs Brazel

All this faff could be avoided if more employers advertised the actual pay in their adverts. Having recently been job hunting for term time jobs myself, it is irritating when they only put the full time pay with (pro rata) after. Or the ones that put a salary but don't specify if that's the full time amount or pro rataed amount.

Absolutely agree @purplepuffinpicker! They will surely know the actual salary when they decide to advertise, so why not just say.

Interesting to read about that case upthread. I work 10 hours a week term runs only and also have a pro rata'd annual leave entitlement. My pay is hourly. My DC aren't school age yet so tbh I would prefer not to have the annual leave. I didn't get paid in August and that was tricky.