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Original poster

Am I being paid fairly?

21 replies

IHeartKingThistle · 22/12/2017 17:57

I'm a teacher in Adult Education. I have a contracted role which was advertised as a 52 week contract with paid annual leave (24 days I think). We're expected to work in the office during school holidays and when not actually teaching.

At interview I was very clear that due to DC I could only work term time. They consulted on this and came up with a new term time contract which I accepted. I'm just now wondering if it's legal!

Basically they took the 52 week salary and reduced it to a 39 week salary, ie they took 13 weeks of pay away. So all my leave is in school holidays. But I'm not paid for any of it.

Shouldn't I be paid for a percentage of my holidays? Obviously not all of it, but the pro rata equivalent of what the other tutors get?

I'm not good at this stuff so if you are I would really appreciate some insight!

OP posts:

Ginmakesitallok · 22/12/2017 18:00

Yes, you should accrue leave for the hours you work.

BikeRunSki · 22/12/2017 18:06

Are you accruing leave to take within your normal 39 working weeks? That is how term-time only contracts work with my employer.

So, annual leave of 39/52nds of usual leave allowance - paid.
13 weeks - unpaid.

Original poster

IHeartKingThistle · 22/12/2017 18:06

That's what I thought!

Unfortunately I have been working under this contract for 2 years. Too late to challenge it?

OP posts:

PandaPieForTea · 22/12/2017 18:32

No, it’s not too late to challenge it as it isn’t legal. You are entitled to paid holiday irrespective of what you’ve signed.

mamapants · 22/12/2017 18:42

Yes where I work you'd be paid for 45/52.
Working 39 so 6 weeks paid holiday.
My work would back pay amount due when it was brought to their attention.

ClareB83 · 22/12/2017 18:47

Pretty sure you have six years to legally challenge this sort of thing, so definitely not too late to raise with your employer.

tshirtsuntan · 22/12/2017 18:50

I also work 39 weeks and paid for 45.

Original poster

IHeartKingThistle · 22/12/2017 18:56

This is encouraging! I was just looking at the timetable yesterday at everyone else's Annual leave bookings and my blank squares and feeling a bit hard done by!

Who should I raise it with?

OP posts:

PandaPieForTea · 22/12/2017 19:48

Do you have an HR department?

Original poster

IHeartKingThistle · 22/12/2017 20:05

I'm not sure - it's a county council so possibly?

OP posts:

ClareB83 · 22/12/2017 20:22

Yes they will have an HR department either internal or outsourced. Look on your intranet.

Surfingwhippet · 22/12/2017 20:25

Yes when i worked term time i was paid for 45 weeks but worked 39. Obviously holiday can only be "taken" during school holidays

Tour · 22/12/2017 20:28

County Council will have a huge HR dept. Hopefully you will get a nice chunk of back pay.

Original poster

IHeartKingThistle · 22/12/2017 21:00

That would be nice. My boss is going to go mental if they start looking into it. Thanks so much for advice.

OP posts:

artiface · 22/12/2017 21:45

Its not that you are paid pro rata and your contract says you have to take your leave in the holidays?
So is the problem that your pay isn't spread over the 52 weeks?
You are working 39 weeks and from people I know, their contracts say all their leave has to be taken the school holidays, so it has already been calculated from the worked hours as within the holiday weeks, so the pay is equalled out (I'm not explaining that very well! and maybe I've misunderstood too!)

SandyDenny · 22/12/2017 22:12

Do you have your origanl contract? You need to start with what that says about holidays.

You're legally entitled to paid holidays, if a council has got thst wrong the HR department has cocked up

Original poster

IHeartKingThistle · 22/12/2017 22:25

I'm paid the same every month, it's averaged out.

I've always been a school teacher before so this is a whole different thing.

OP posts:

Original poster

IHeartKingThistle · 22/12/2017 22:26

I don't mean I wasn't paid the same every month as a school teacher, just that it's calculated differently!

OP posts:

LIZS · 22/12/2017 22:26

It should be prorata. However are your teaching terms 39 weeks as ime they can be 34/35 in adult ed? I did extra hours during termtime to offset the additional leave required for 13 weeks holiday ie. Paid as 0.5 but working 20 hours per week. Sessional staff accrued leave payments in proportion to their teaching hours, although this may have now changed.

Original poster

IHeartKingThistle · 22/12/2017 22:31

It's 39 weeks as we are expected to be in the office when not teaching. Courses get moved around and cancelled all the time but the hours stay the same. I'm paid for 12 hours a week, 39 weeks of the year. Not paid on an hourly rate but a pro rata salary.

It's very confusing!

OP posts:

Surfingwhippet · 22/12/2017 23:32

If you are working 39 weeks and also getting paid for 39 weeks (if i understand what you're saying) you are not being paid holiday pay. Everyone should be entitled to holiday pay.

The fact that they take what you earn throughout the year and divide it by 12 to give you an equal amount each month is irrelevant.

I would contact the county hr department and ask them to clarify the contract you have.

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