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Original poster

Being paid below national minimum wage

27 replies

Bluebell567 · 30/05/2024 13:19

Hi all,

I’m in need of some advice/second opinions please, to ensure I’ve calculated this correctly before taking further action.

I work in a private daycare (term time only) so 39 weeks a year. My contract states that I get 5.6 weeks paid holiday a year (which is the statutory amount by law). So I am paid for a total of 44.6 weeks a year, working 5 days/40 hours a week.

(if you work term time only you’re still legally entitled to the statutory holiday entitlement of 5.6 weeks.)

my annual salary is currently £18,600 a year, gross. I am paid £1550 per month before tax & NI deductions etc , paid pro rata.

I have calculated this to be £10.43 an hour with the following calculation:

£18,600/44.6 = £417.04
£417.04/40 = £10.43

this does not reflect the recent increase in national minimum wage (£11.44 per hour), I have informed my manager of this and she has simply said that I have been getting above the NMW as I am term time only and getting paid monthly.

this is not the first time they have paid me incorrectly. I am planning to take this to the union but want to know that my calculations are correct before doing so.

thank you :)

OP posts:
Stardust127 · 31/05/2024 18:46

Overthebow · 30/05/2024 19:50

Is it term time only and you get 5.6 weeks holiday within that term time only period, or do you get 5.6 weeks holiday outside that so in the school holidays? If you get your allocation during term time then I’d expect you to still only be paid for the term time only period? As year round worker work 52 weeks and 5.6 weeks holiday is within that, w e don’t get paid for 57.6 weeks a year.

Edited

Maybe. But if the holiday pay was included then the salary each month should be higher

MJqueen · 31/05/2024 20:19

Overthebow · 30/05/2024 19:50

Is it term time only and you get 5.6 weeks holiday within that term time only period, or do you get 5.6 weeks holiday outside that so in the school holidays? If you get your allocation during term time then I’d expect you to still only be paid for the term time only period? As year round worker work 52 weeks and 5.6 weeks holiday is within that, w e don’t get paid for 57.6 weeks a year.

Edited

OP said she's in work for 39 weeks, then holidays on top.

Makes sense as there are 39 weeks in a school year.

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