Annual Leave

Your contract should say what your holiday entitlement is and it will probably have a clause like "to be taken during school holidays". It might say something like 39 + 5.6 = 44.6 which means you are being paid for 44.6 weeks even though you only work for 39. Your 44.6 weeks pay will then be divided by 12 so that you get paid every month. ALL employees are entitled to at least 5.6 weeks paid leave. If you can't find your contract then you can either ask for a copy from HR or ask HR what your holiday entitlement is and they must tell you.
some councils were using an incorrect formula for TTO, so it's worth checking.

 
Your contract should say what your holiday entitlement is and it will probably have a clause like "to be taken during school holidays". It might say something like 39 + 5.6 = 44.6 which means you are being paid for 44.6 weeks even though you only work for 39. Your 44.6 weeks pay will then be divided by 12 so that you get paid every month. ALL employees are entitled to at least 5.6 weeks paid leave. If you can't find your contract then you can either ask for a copy from HR or ask HR what your holiday entitlement is and they must tell you.
PS It's not a stupid question at all. Working out remuneration for TTO contracts can be a minefield.
That's interesting. Marie says that as well but I know every time I've worked it out my pay is exactly what I should get per hour and no more. The previous technician here said we weren't entitled to holiday pay because we don't work holidays and don't get any time off (though she worked 6+ hours overtime per week because she had no self esteem whatsoever and was convinced if she wasn't perfect she'd be sacked...)
 
No idea about my so-called contract. It'll be from 2005 and holiday pay was never mentioned!
 
That's interesting. Marie says that as well but I know every time I've worked it out my pay is exactly what I should get per hour and no more. The previous technician here said we weren't entitled to holiday pay because we don't work holidays and don't get any time off (though she worked 6+ hours overtime per week because she had no self esteem whatsoever and was convinced if she wasn't perfect she'd be sacked...)
you are entitled to 5.6 weeks holiday if they don't pay it go to the beach in term time.
 
I've kept out of this but...as far as I know I've never had any sort of holiday pay at all (39 week contract). Is there any way of finding out if I do?

(It's not a stupid question. I'm autistic)
It should be being built into your pro rata'd waged on the assumption you take it during the school holidays
That should mean only 7ish of our 12 weeks is unpaid as that's where the holiday gets squashed in to their figures

As Paul says, ask HR to see the maths on your wage total to make sure it's included
 
I am on a term time + 2 weeks contract and like you have the maximum holidays and I get paid for 48.5 weeks, I should get in touch with your trade union and get it checked!
Nope, I've found out what it is.
They have taken 5.6 weeks, done pro rata based on 41 weeks worked. That added to my 2 weeks extra holiday on top (Long service)
Works out 47.4
I thought I should be paid, like you, 48.5.
Add that to the fact that they have stopped all support staff scales at 1-2 points before end of scale!
 
Nope, I've found out what it is.
They have taken 5.6 weeks, done pro rata based on 41 weeks worked. That added to my 2 weeks extra holiday on top (Long service)
Works out 47.4
I thought I should be paid, like you, 48.5.
Add that to the fact that they have stopped all support staff scales at 1-2 points before end of scale!

Well that sounds wrong, but as 5.6 is the minimum and you are getting 6.4 they might get away with it.

I was in HR earlier because I'm trying to sort out my contract problems. Our HR are lovely but they don't do payroll so I rang County from their office.
I pointed out my contract says 5.2 weeks hol but it should be 5.6, she kept say 4.8 and we just had a widening chasm opening up.
She says I am paid all year round so I do get all my holiday paid but then says I get 4.8 of the 13 weeks paid. She just did not seem to grasp she was contradicting herself.
My argument is that I'm entitled to reallocate days of holiday that occurred during my period of sickness (up to 4 weeks according to HMG)
She said well the school deals with that, but then said I was paid all through the year so I could not have them added back.


Edit> a 5.5 had slipped in where it should have said 5.6 now corrected
 
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The response I have been given is:
You work 35 hours a week, over 5 days, 39 weeks a year = 0.822FTE
Holiday is calculated as 0.822 x 36 days = 29.59
(Just spotted a mistake in the response. In one paragraph I am told I am entitled to 6.2 weeks holiday which is 31 days but they have done the calculation on 36 days - another email needed!)

I have also been told I do not have entitlement to receive the same holiday as a full-time member of staff quoting the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, regulation 5(3) "In determining whether a part-time worker has been treated less favourably than a comparable full-time worker the pro-rata principle shall be applied unless it is inappropriate". My contention is that it is inappropriate following the Supreme Court ruling.
So, I referred this response from HR to my union's helpline. The upshot is, as long as I am getting above the the legal minimum 5.6 weeks holiday then it doesn't matter that full time support staff have a higher holiday entitlement than tto support staff, it's a moral issue not a legal issue.
 
Well that sounds wrong, but as 5.6 is the minimum and you are getting 6.4 they might get away with it.

I was in HR earlier because I'm trying to sort out my contract problems. Our HR are lovely but they don't do payroll so I rang County from their office.
I pointed out my contract says 5.2 weeks hol but it should be 5.5, she kept say 4.8 and we just had a widening chasm opening up.
She says I am paid all year round so I do get all my holiday paid but then says I get 4.8 of the 13 weeks paid. She just did not seem to grasp she was contradicting herself.
My argument is that I'm entitled to reallocate days of holiday that occurred during my period of sickness (up to 4 weeks according to HMG)
She said well the school deals with that, but then said I was paid all through the year so I could not have them added back.

So, I referred this response from HR to my union's helpline. The upshot is, as long as I am getting above the the legal minimum 5.6 weeks holiday then it doesn't matter that full time support staff have a higher holiday entitlement than tto support staff, it's a moral issue not a legal issue.
Would it not come under "The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000" - is that not a legal issue?
 
Would it not come under "The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000" - is that not a legal issue?

I don't believe so, in the part-time workers regulation 2000 it states that:
5.—(1) A part-time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker—

(a)as regards the terms of his contract; or

(b)by being subjected to any other detriment by any act, or deliberate failure to act, of his employer.

(2) The right conferred by paragraph (1) applies only if—

(a)the treatment is on the ground that the worker is a part-time worker, and

(b)the treatment is not justified on objective grounds.

(3) In determining whether a part-time worker has been treated less favourably than a comparable full-time worker the pro rata principle shall be applied unless it is inappropriate.

The main point is the pro rata principle which states:
"pro rata principle" means that where a comparable full-time worker receives or is entitled to receive pay or any other benefit, a part-time worker is to receive or be entitled to receive not less than the proportion of that pay or other benefit that the number of his weekly hours bears to the number of weekly hours of the comparable full-time worker;
Specifically says "Any other benefit" which would probably hold the catch of holiday pay. So as long as you're getting holiday A) proportionally to what you work compared to full time workers, and B) the minimum holiday. Then I think it's appropriate to apply the principle here. Since that full time workers should get more holiday pay than part-time workers based on the pro rata principle. I could be wrong though.

Also interesting to consider is this only applies to persons working in similar lines of work, here it says:
(4) A full-time worker is a comparable full-time worker in relation to a part-time worker if, at the time when the treatment that is alleged to be less favourable to the part-time worker takes place—

(a)both workers are—

(i)employed by the same employer under the same type of contract, and

(ii)engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification, skills and experience; and

(b)the full-time worker works or is based at the same establishment as the part-time worker or, where there is no full-time worker working or based at that establishment who satisfies the requirements of sub-paragraph (a), works or is based at a different establishment and satisfies those requirements.
So there could be argument that teachers/full time support staff and technicians lines of work are not comparable and thus comparing contracts in a manner as we are isn't valid W.R.T the part time worker's regulation 2000. It would only apply to other technicians you work with or at different establishments.
 
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