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term time contract ending at beginning of holidays

15 replies

Guff26 · 30/08/2017 22:42

So I worked at a preschool for 3 years 7 months, now left. Got paid for 38 weeks of a year but spread out over 52. Am I correct in thinking I'm owed money for the summer holidays? Please help

OP posts:
Hereward1332 · 31/08/2017 12:47

When did you hand your notice in, and how long was the notice period?

Guff26 · 31/08/2017 17:57

May to finish in July, my notice period was 2 months.

OP posts:
LottieDoubtie · 31/08/2017 17:59

Did you specify your leaving date as July in your resignation letter?

If so you shouldn't have done that!

Gorgosparta · 31/08/2017 18:03

If you gave 2 months notice in may and you leaving date was july (so 2 months working notice) then no you won't get paid for the summer holidays.

As you finished work before the summer holidays.

Lunde · 31/08/2017 18:12

I think you may have resigned too early - most people in the education sector state their "leaving date" as August 31st and not the last day of summer term to ensure they get paid for the holidays.

However it may be different in your case as you technically get no summer pay and worked all your term-time hours. So query this with the preschool and perhaps contact your union or a solicitor

flowery · 31/08/2017 18:13

If the OP gets paid for 38 weeks a year but receives payment spread over 52 weeks, and has worked the full 38 weeks she is obliged to, then yes she is entitled to more pay.

OP can you post the exact wording of your contract relating to this?

Coloursthatweremyjoy · 31/08/2017 18:22

They have been taking money all year from your monthly salary to cover the holidays so you should be paid for August. I left my job at the end of the school year and I have just been paid for August.

Write and ask them. Don't suggest anything just ask how they worked it out if they say nothing is due.

Coloursthatweremyjoy · 31/08/2017 18:22

Oh, there was nothing in my, contract specifically relating to this.

seven201 · 31/08/2017 18:35

When did you state your last day as? Teachers put theirs as 31st August to ensure they don't have pay gap between jobs.

Guff26 · 31/08/2017 19:25

I stated my last day was the last day of term as I was worried that they would make me work in the summer holidays. I thought that I would be still entitled August pay as I have worked a whole school year? X

OP posts:
seven201 · 31/08/2017 20:39

Sorry, but I think that's why you haven't been paid for August then.

Tweetinat · 31/08/2017 21:09

Sorry, I disagree with most of you and agree wugh flowery. If you were contracted and worked 38 weeks (the academic year) then you would still receive pay during August. You say your salary was annualised to give you pay over 52 weeks/12 months, so your August pay is 1/12th of your salary even though you've worked all 38 weeks.

PuckeredAhole · 31/08/2017 21:13

But if it's a preschool that's in session all year round then she wouldn't get paid august would she?

Tweetinat · 31/08/2017 21:26

Says in the OP she's contracted to work 38 weeks though, not a year. She's paid over 52 weeks. So for every week she works 1/38 of her contracted hours, she's only actually paid 1/52th. She's worked 38/38, but only been paid 38/52th of her wages. She's due the remainder to pay her for what she's worked.

Coloursthatweremyjoy · 01/09/2017 08:21

Tweetinat has it right. That's exactly how my employer worked it out.

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