For those who are employed on term time only contracts, this is important information concerning your annual leave entitlement for you to review with your employer.
Regardless of whether your hours are regular or irregular, your employer should calculate your annual leave entitlement in the same way that it would if you worked the full year.
For most this is likely to be the statutory leave of 5.6 weeks, in which case it is likely though not certain that you are being paid correctly. For example, if you work 6 hours per day (6 x 5=30 hours per week) for 39 weeks of the year, you are entitled to 5.6 weeks paid leave based upon a 30-hour week.
Usually employers will pay holiday pay for those term time workers on regular hours averaged over the twelve months, in equal monthly instalments, which is usually beneficial to both the employer and the employee.
If your hours vary each week, then the employer should calculate your leave based on an average of the previous twelve weeks hours worked. ‘One week’s pay’ is calculated by reference to the previous twelve weeks and can be expressed as, total hours worked in 12-week period ÷ 12 = a week’s hours x pay rate). In this case, the employer cannot pay over 12 equal monthly instalments, because the future hours are impossible to predict. One option is to pay part of the holiday entitlement at the end of each term, calculated by using the reference period above to the previous 12 weeks hours.
The way that employers calculate holiday entitlement varies widely. Whilst most local authority employers are now calculating leave (and thus pay) correctly, there are some who may not be particularly as the law in this area has changed recently following a judgment in the Court of Appeal.
Please check with your employer that this is how they are calculating your annual leave entitlement and processing your pay.
However, if you are concerned that your employer is not calculating your entitlement correctly, please contact the Voice duty officer for advice.
Call us on 01332 372 337 during office hours: 09.00-17.00, Monday – Friday (excluding bank holidays)