SazzJ Posted June 11, 2013 Share Posted June 11, 2013 I would ask committee for a break down of how they work your wages out to confirm what they are on about and go from there. Do it in writing so it is a formal request. I can forward you the workings out of how I work ours out which shows a break down of wages and then how holiday pay is worked out and you can work yours out from there to show them what you should be paid. Hope that helps :-) I have asked this before and they don't know. My calculations would be £7,500 which breaks down to £625 per month. We are term time only How many hours are you contracted for? Contracted for 20 hours per week Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted June 11, 2013 Share Posted June 11, 2013 So 7500 / 12 = £625 straight...are you getting this every month then? or is it only paid for 38 weeks? If you get this each month but only work 38 then the rest could be classed as 'holiday pay' Quote Link to comment Share on other sites More sharing options...
lynned55 Posted June 11, 2013 Share Posted June 11, 2013 So 7500 / 12 = £625 straight...are you getting this every month then? or is it only paid for 38 weeks? If you get this each month but only work 38 then the rest could be classed as 'holiday pay' Yes it could be classed as holiday pay but you must have this written down somewhere. My staff are only paid for 38 weeks of the year but this is added to their holiday pay and spread over the 12 months. It is stated quite clearly on our contracts how many weeks we are paid for (x sessions worked per week) + how much holiday is given. As already stated you MUST get a certain amount of paid holiday- if they are not paying you at least the statutory amount then that is highly illegal and they could find themselves in a lot of trouble. 1 Quote Link to comment Share on other sites More sharing options...
Inge Posted June 11, 2013 Share Posted June 11, 2013 you should know your holiday hours and how they are calculated... otherwise how are you sure you are earning above minim wage... you should be given an hourly rate.. that they use to calculate wages.. not a random amount per year.. may be worth calculating the hours you work plus any holiday you should be getting.. to get an hourly rate to make sure you are earning above minimum wage.. Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 11, 2013 Share Posted June 11, 2013 Think this is how they get around it as we only work 38 weeks but wage is divided equally between 12 months so same each month. Contract states not entitled to any hol pay! Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 11, 2013 Share Posted June 11, 2013 My wage could be divided by 52 weeks easily and still keep me above min wage. However the preschool assistants wage does not. Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted June 11, 2013 Share Posted June 11, 2013 Think this is how they get around it as we only work 38 weeks but wage is divided equally between 12 months so same each month. Contract states not entitled to any hol pay! what a load of rubbish...they are on a very sticky wicket. I they wanted rid of you you could take them to the cleaners!!! I Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 11, 2013 Share Posted June 11, 2013 More importantly they aren't interested but I will be taking over soon fully (we are losing committee) and want to make sure it is all above board Quote Link to comment Share on other sites More sharing options...
lynned55 Posted June 12, 2013 Share Posted June 12, 2013 Think this is how they get around it as we only work 38 weeks but wage is divided equally between 12 months so same each month. Contract states not entitled to any hol pay! I wonder how many of them have employment contracts that state this. They really are on very sticky ground here Quote Link to comment Share on other sites More sharing options...
sunnyday Posted June 12, 2013 Share Posted June 12, 2013 Contract states not entitled to any hol pay! Ahem - they can't do that Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 13, 2013 Share Posted June 13, 2013 The contract states ''There is no pension scheme or holiday pay' Quote Link to comment Share on other sites More sharing options...
Inge Posted June 13, 2013 Share Posted June 13, 2013 I would suggest going to citizens advice in your area and get advice from them.. it can often be done by email.. they cannot say you are not entitled to holiday pay or pension... the pension bit will become a legal obligation the same as holiday pay.. maybe not yet for small employers but ti will come.. http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm#who_has_the_right_to_paid_holidays 1 Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 13, 2013 Share Posted June 13, 2013 I just keep getting well teachers don't get paid hol pay and were term time only Quote Link to comment Share on other sites More sharing options...
toddlermaddness Posted June 13, 2013 Share Posted June 13, 2013 Call ACAS they can become involved in cases where employer and employee are not agreeing (so I have heard). By law all employees are entitled to holiday or holiday pay. Are you members of the Pre-School learning Alliance? If so ask a committee member to call LAWCALL and they will inform the committee that all employees are entitled to holiday pay. Good luck and hope you get somewhere soon. Quote Link to comment Share on other sites More sharing options...
SueJ Posted June 13, 2013 Share Posted June 13, 2013 You are def. entitled to holiday pay on a pro rata basis - if you work 38 weeks out of 52 then you should get about 4.6 weeks hol pay. Hol pay is not a nicety it is a legal entitlement for all workers part time, full time, temporary staff etc.- as others have said check this with acas if you are not sure or the direct gov. website. This is the case even if you have a term time only contract where you are not retained during the school holidays. Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 13, 2013 Share Posted June 13, 2013 I know even one of the preschool assistants who only works now and then gets nothing either. My concern is myself and deputy are taken over the running of the setting as a community interest group and I want to make sure all is legal. Might copy my contract and see if I can get someone to look over it Quote Link to comment Share on other sites More sharing options...
thumperrabbit Posted June 13, 2013 Share Posted June 13, 2013 I know of a local committee run group that also doesn't pay holiday pay - apparently staff are told before signing a contract! According to them they don't have the funds to pay it, if they paid it they'd close! Quote Link to comment Share on other sites More sharing options...
finleysmaid Posted June 13, 2013 Share Posted June 13, 2013 you might want to read this.........http://www.acas.org.uk/media/pdf/i/c/AL03_1.pdf Quote Link to comment Share on other sites More sharing options...
SazzJ Posted June 13, 2013 Share Posted June 13, 2013 Can anyone tell me how holiday pay and salaries work in a school? As when I ask this is what I am told! That teachers don't get holiday pay. Not entirely convinced by their statement though. So am I right in thinking if we work 39 weeks of the year and work 20 hours week and that fact that my contract states no holiday pay then I should be entitled to around an extra 2 weeks or so worth of pay on top of what I get now Quote Link to comment Share on other sites More sharing options...
SueJ Posted June 14, 2013 Share Posted June 14, 2013 This is the formula advocated by the pre-school learning alliance as it takes into account that staff do not always work a set number of hours each week throughout the year: (((Total hours worked per academic year/46.4 weeks**) x 5.6) x Hourly Rate) ** It is 46.4 weeks because you don't accrue holiday entitlement during the statutory holiday period of 5.6 weeks) Therefore: 39 weeks x 20 hours = 780 hours 780 hours / 46.4 weeks = 16.81 hours (average hours per week for 46.4 weeks) 16.81 hours x 5.6 weeks = 94.14 hours holiday pay 94.14 hours x 7 (supposed hourly rate given low pay of early years workers ) = £658.98 holiday pay to be paid In my setting our holiday year is September to August to take into account the term time nature of the job and staff have agreed that they would like their holiday pay in the summer holidays as this is the longest break without income. Hope that helps Quote Link to comment Share on other sites More sharing options...
Inge Posted June 14, 2013 Share Posted June 14, 2013 I do think that perhaps they need telling that you are not a teacher and not on their terms and conditions, but doing a job in the private sector so any regulations that apply in the public sector are not relevant to your job.. They will get holiday pay and like other jobs and many setting have it added to their annual wage that is then split into the 12 payments.. the confusion arises because they have to take their holiday at set times... and not the same as most where it is more flexible and taken when they want to.I wonder why they think teachers do not get holiday pay? Has one of them ever done a job as a teacher..or any job where there is no holiday pay.. really bugs me that these people who have no idea of the law and regulations over holiday pay etc are able to do this.. Good you are getting out of it soon. Quote Link to comment Share on other sites More sharing options...
JacquieL Posted June 14, 2013 Share Posted June 14, 2013 Teachers do get holiday pay but the appropriate % is included in their yearly salary, and they are paid the same amount each month over 12 months. If a teacher is working as a supply teacher (LA not agency) then this is is included in the daily rate as supply teachers are paid for the hours worked. You are entitled to pro rata holiday pay whether your employers like it or not, but if they say you are salaried then holiday pay may well be included in your salary. I would want this clarifiying in writing and I thought that everyone had to have an yearly statement of their payment details. Quote Link to comment Share on other sites More sharing options...
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