Annual Leave

St Caths Crew

St Caths Crew

We get 4 weeks paid, plus the bank holidays, and you get an extra 2 days if you've worked for the area for 5 years.

No idea what happens to our part time teachers, but I have passed it on as money is money
 
Nick Mitchener

Nick Mitchener

COMMITTEE
St Caths Crew said:
We get 4 weeks paid, plus the bank holidays, and you get an extra 2 days if you've worked for the area for 5 years.

No idea what happens to our part time teachers, but I have passed it on as money is money
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I had an extra week for being there 5 years, but when I came out of retirement the new school would not honour it as they said I didn't have continuous service. (Being paid my pension by the council doesn't count apparently even though my payslips for my pension say employee)
 
P

Paul Murphy

COMMITTEE
I'm full time all year round. Having been here for over 10 years I get 31 days leave.
Obviously they can only be taken during school holidays.
 
Paul

Paul

Nick Mitchener said:
I had an extra week for being there 5 years, but when I came out of retirement the new school would not honour it as they said I didn't have continuous service. (Being paid my pension by the council doesn't count apparently even though my payslips for my pension say employee)
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Same issue with another school, would have only honoured service for redundancy.

Would have lost 5 days leave, obviously they don't want experienced staff.
 
CovTech

CovTech

Lvl 38 Alchemist
COMMITTEE
So is the long and short of this that the courts are saying that every school pro-rata/TTO staff member is owed some holiday pay backdated for every years service as we've probably been paid less than the statutory minimum a full time staff member gets

Weird and complicated
and expensive.....
 
Paul

Paul

CovTech said:
So is the long and short of this that the courts are saying that every school pro-rata/TTO staff member is owed some holiday pay backdated for every years service as we've probably been paid less than the statutory minimum a full time staff member gets

Weird and complicated
and expensive.....
Click to expand...
yes that tto get the same leave as ft, not prorataed leave.

probably a good time to be in a union.
 
CovTech

CovTech

Lvl 38 Alchemist
COMMITTEE
It'll get quashed when the school appeals

Backdating that lot would bankrupt schools up and down the country and you can bet the shower of cretins in the DfE will disavow the whole thing
 
Paul

Paul

CovTech said:
It'll get quashed when the school appeals

Backdating that lot would bankrupt schools up and down the country and you can bet the shower of cretins in the DfE will disavow the whole thing
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they are already bankrupt with the teachers pay offer, all those cheap ECTs getting 8.9%. etc

our head budgeted for 3%
 
Nick Mitchener

Nick Mitchener

COMMITTEE
It was an appeal, so I don't think it is going further.

There are two ways to calculate leave for part timers on TTO contracts, one legal, one not. Who knows which way our holiday has been calculated? I don't. If they are forced to pay up it can only be backdated 2 years.
 
Paul

Paul

Nick Mitchener said:
It was an appeal, so I don't think it is going further.

There are two ways to calculate leave for part timers on TTO contracts, one legal, one not. Who knows which way our holiday has been calculated? I don't. If they are forced to pay up it can only be backdated 2 years.
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yes it was the supreme court..
 
Mirage

Mirage

Queried my situation wrt to this and received this response:

Your holiday allowance is calculated as follows:
Holiday allowance for full time employee working 52 weeks with less than 5 years’ service= 32 days = 6.4 weeks
Working weeks for full time employee working 52 weeks = 228 days = 45.6 weeks
Pro-rated holiday allowance for 42 week worker – (42/45.6 x 6.4) = 5.89 weeks
Total weeks paid to you including annual leave = 42 + 5.89 = 47.89 weeks

So, seems that since my pro-rated holiday allowance is greater than the new statutory minimum of 5.6 weeks then I'm not entitled to any rebalance given the recent court case

Quite surprised LA replied so quickly and with decent clarity
 
St Caths Crew

St Caths Crew

SAK said:
Queried my situation wrt to this and received this response:

Your holiday allowance is calculated as follows:
Holiday allowance for full time employee working 52 weeks with less than 5 years’ service= 32 days = 6.4 weeks
Working weeks for full time employee working 52 weeks = 228 days = 45.6 weeks
Pro-rated holiday allowance for 42 week worker – (42/45.6 x 6.4) = 5.89 weeks
Total weeks paid to you including annual leave = 42 + 5.89 = 47.89 weeks

So, seems that since my pro-rated holiday allowance is greater than the new statutory minimum of 5.6 weeks then I'm not entitled to any rebalance given the recent court case

Quite surprised LA replied so quickly and with decent clarity
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That was concise. Nice to know where you stand, even if it's not what you wanted.
 
P

Paul Murphy

COMMITTEE
SAK said:
Queried my situation wrt to this and received this response:

Your holiday allowance is calculated as follows:
Holiday allowance for full time employee working 52 weeks with less than 5 years’ service= 32 days = 6.4 weeks
Working weeks for full time employee working 52 weeks = 228 days = 45.6 weeks
Pro-rated holiday allowance for 42 week worker – (42/45.6 x 6.4) = 5.89 weeks
Total weeks paid to you including annual leave = 42 + 5.89 = 47.89 weeks

So, seems that since my pro-rated holiday allowance is greater than the new statutory minimum of 5.6 weeks then I'm not entitled to any rebalance given the recent court case

Quite surprised LA replied so quickly and with decent clarity
Click to expand...
The article in the Guardian has this in it.
“Today’s decision clarifies the law and says that annual leave taken by someone who works less than a full year can no longer be pro-rated to that of a colleague employed all year round.”
I think you need to contact you Union.
 
Nick Mitchener

Nick Mitchener

COMMITTEE
Paul Murphy said:
The article in the Guardian has this in it.
“Today’s decision clarifies the law and says that annual leave taken by someone who works less than a full year can no longer be pro-rated to that of a colleague employed all year round.”
I think you need to contact you Union.
Click to expand...

I thought the problem was that people who worked part time were having their holiday allowance worked out as a proportion of the full time hours they worked. What should have happened is somebody who works 5 hours a day gets the full time allowance of days but paid at 5 hours a day.

If it is that people who only work part of the year are entitled to the same number of days as those who work all year then that is a surprise.
 
Mirage

Mirage

Paul Murphy said:
The article in the Guardian has this in it.
“Today’s decision clarifies the law and says that annual leave taken by someone who works less than a full year can no longer be pro-rated to that of a colleague employed all year round.”
I think you need to contact you Union.
Click to expand...
What Unison say:

The Supreme Court judgment ensures leave must be paid at the rate of an ordinary week’s wages (or if pay varies every week, then an average of all the weeks worked in a year). Annual leave calculations are based on weeks, as a person can work a full week or part of one. The law says that someone working a full year is entitled to at least 5.6 weeks of annual leave (28 days for anyone working full-time hours in a week and this can include the eight bank holidays). The judgment means that an employee working all year, but say, for just two days a week is entitled to 11.2 days a year (2 x 5.6 weeks, so 2.24 weeks or 11.2 days).
 
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