Term Time Only - Pay Still Owed

[PumpkinFizz]

Hi, can I have some advice on Term Time Only contracts please.

I worked for one term as a Midday Supervisor up until the last day before the Christmas break. I was paid for the whole of December, so the school believes they have actually overpaid me. But given that my 38 week salary was spread out over 12 months, thus I got less each month than I actually earned, I believe they still owe me. They just keep saying they don't. Am I wrong? The maths seems pretty simple:

Annual Salary: £3,946 (paid over 12 months)
Weeks Worked Per Year: 38 weeks
Days Worked Per Year: 38 weeks × 5 days = 190 days
Daily Rate: £3,946 ÷ 190 days = £20.77 per day
Earnings for 71 Days: 71 × £20.77 = £1,474.67

My contract states 'Your pro rata annual starting salary including holiday pay will be £3946'

The final holiday pay calculation should balance out the “smoothing”.

How much holiday does your contract say you have? You've divided by annual working days to find a daily rate but you need to divide by working days + holidays, because the salary covers both.

But you also had two weeks off in December. And a day off at beginning of September. And half term. I'm sure their calculations will be right. But ask them to explain if you are not happy.

There was no final holiday pay. They just paid me as normal in December.

You say you've only had half term but been paid for all of December (Xmas holidays) so you've had more than 1 week of leave. Has the school had any inset days during the term?

I still don't think it adds up - shouldn't I be paid for each day I worked? I have asked - he doesn't respond.

If you worked the full autumn term, you've effectively done 1/3 of the annual work in 1/4 of the year.

So I would expect you to be paid ca £1315, 1/3 of the annual contract. I would ask to see their breakdown if they believe it's a number outside of that rough figure.

The problem op is that, just let's say you started in March and finished at end of August, on your way of calculating it (which is precise!) You would then owe the school).
It would be a very interesting non-payment of wages claim to an ET - I reckon you would win.

If you divide your monthly salary for November say by 20 (the number of days worked) its about £16 per hour.
You still got full salary for October and December when you worked less hours to account for the holiday period.
Your calculation of your hourly rate is incorrect. Your contract is usually term time + 4 weeks. Not all holidays are paid. The annual salary is just divided by 12 for budgeting reasons.

Not all the summer holiday will be paid. Typically there are 12/13 weeks when schools are closed but only 4 weeks are paid as holidays.
190 + 20 =210
195+20=215 if you work training days
This affects the hourly rate.

Agreed, but we would pay a holiday rate that accounts for the unpaid element.

All companies/payroll softwares aren’t obliged to calculate using the same methods though, as long as there is a consistent formula for all employees, ACAS is usually happy.

1.5 hours a day, over lunchtime

52 weeks ia made up of
work days
8 bank holidays
20 annual leave

260 days < 28 are holidays
Each month you get paid for annual holidays and bank holidays and then its a matter of timing

You work parttime
190 days

3.6 ish days a week

Holidays need to be prorata too
20.4 days

So its a day count including 6 bank holidays you were part paid for and did not work

There is a calculator

https://www.gov.uk/holiday-entitlement-rights

My contract was for 38 weeks only

£3946 annual salary divided by 210 working days (190 + 20 paid holiday days) = £18.79 daily rate
£18.79 ÷1.5 hours = £12.52 hourly rate.

190 school ays, plus 5.6 weeks paid leave a year.
217.5 working days.

3946/ 217.5 gives a day rate of just over £18.
Multiplied by the 71 days you worked, gives 1291.
Not sure where the paid leave went tho.

I dont think you get the full 5.6 weeks holiday because of the part time 38 week contract, you get a pro rated amount, typically about 4 weeks.

Ask them for their calculation so you can understand the working.

Your calculation is definitely wrong, as you're not taking into account holiday pay or bank holidays. And frankly you don't seem to know what you are doing and it's far too simplistic.

Your contract will be x number of days, y number of holiday days and z number of bank holidays (possibly also q number of training days?) throughout the year. The proportion of those that you are entitled to needs to be calculated as per their formula. They will have a set, legal, agreed way to do this, which isn't back of a fag packet maths.

If they are asking you to pay back money, it's reasonable to ask them to show you the calculation so that you can see how you've been overpaid.

They should have a term time calculator and should have confirmed all of this in writing with you when you moved to term time so no surprises.

Term time calculations are never straightforward.

You should have be paid 38 weeks plus 5.1 weeks holiday making 43.1 weeks.
Times that by the number of hours per week.
Then find the percentage of full time equivalent.
The wages are then split equally over the 12 months.
You are calculating some kind of day rate when term time only salary is not calculated like that.

I definitely get 5.6 weeks paid leave on my term time contract - school worker.

Op do you have a clear picture now?