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Holiday pay when leaving job

Discussion in 'Pay and conditions' started by TeaLeaves, Dec 18, 2015.

  1. TeaLeaves

    TeaLeaves New commenter

    Hi all
    I am due to start a new job on January 1st and hAve resigned from my current job, stating very clearly that my last day of employment will be 31st dec 2015. However I have just received my pay slip and P45 which states my last day is 18th dec and my pay reflects a massive decrease because of this. I'm rather annoyed; can I do anything about this? I've checked my contract and it states I have to give one terms notice, which I have followed. I resigned by the deadline in October. I don't really understand why they have done this. What shall I do?
     
  2. wanet

    wanet Star commenter

    Opps. I don't think you have used the correct resignation date. If it is a LA school it should have been the end of the holiday. @TheoGriff has a good guide on this. Hopefully she will be along with the right advice, but suspect it may not be correctable.
     
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    If you were in an LA school they would have to pay you up to 31st December. They'd also have to pay you to 31st December in an academy (or even an independent school) if you were employed on teachers national conditions of service, ie the 'Burgundy Book' that governs employment of teachers in LA schools.

    But it sounds like you are in an academy or independent school and not on 'Burgundy Book' conditions. In which case I'm afraid yes they can do that, although they should make that clear somewhere in your contract of employment, or in staff handbook or similar.
    .
    .
     
  4. TeaLeaves

    TeaLeaves New commenter

    Thank you for your swift replies!

    I can't find any mention of the "burgundy book" anywhere in the contract or staff handbook.

    I have emailed into the school finance office to see what's happened. I defo wrote my leaving date as 31 December so we shall see what happens next. What a pain! Lost a mortgage payment :(
     
  5. TheoGriff

    TheoGriff Star commenter

    .

    Gosh, terrible!

    Have a look at your contract. What does it say about resignation dates and leaving dates? Have a look at the staff handbook for ditto.

    With a bit of luck it will be a mistake that will be rectified . . .

    What sort of school are you in?

    For other people - here's how to write that letter

    How to resign - get that resignation letter right!

    Best wishes

    .
     
    TeaLeaves likes this.
  6. TeaLeaves

    TeaLeaves New commenter

    Thanks Theo!

    Contract vague - give one terms notice, no specific dates. Same in staff handbook and in policy documents.

    I was in an independent group of schools - don't want to say too much just in case.

    Just a bit of a pain really, chasing to do now. Fingers crossed it's an error!
     
  7. TheoGriff

    TheoGriff Star commenter

    .

    PM me

    .
     
  8. TeaLeaves

    TeaLeaves New commenter

    Thanks have done
     
  9. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    Check for it under it's proper name, which is "Conditions of Service for School Teachers in England and Wales", but it's unlikely you are employed on those conditions in the Independent sector.
    .
    .
     
  10. Piranha

    Piranha Star commenter

    Not an expert on contract law, but I would be surprised if this were legal. Your resignation was given and accepted with a date of 31 December, so I think that they should pay you until then. Doesn't sound like Burgundy Book if you have to give one term's notice. I would contact your union and query with the school - as @TheoGriff points out, it might be a mistake.
     
  11. pennyh.

    pennyh. Occasional commenter

    One term notice would not be October but at the start of your term in Sept. If you got the new job during the term you would have had to discuss with your Head the resignation implications of the date. If you have union like ATL ask them.
     
  12. Piranha

    Piranha Star commenter

    That is a good point. If your contract say one term's notice without qualifying it in some way, then it means that the October deadline from the Burgundy Book does not apply. Therefore, you did not have the right to resign with effect from 31 December. However, I think that the school would have had to tell you this, and offer you the choice of sticking with your contract or taking an earlier end date, rather than doing the latter wihout telling you.
     
  13. TeaLeaves

    TeaLeaves New commenter

    Thanks for your replies.

    Been thinking about it all weekend, pretty annoying. If I have done the wrong thing, then so be it. But I wasn't challenged when I handed in my notice and I was never made aware that my leaving date was anything other than 31st Dec. Most annoying. Shall let you know how I get on.
     
  14. TeaLeaves

    TeaLeaves New commenter

    All sorted! Pay roll issues but luckily all solved now.
     
    FrankWolley likes this.
  15. Piranha

    Piranha Star commenter

    Good. On the whole, I think that most of these things are mistakes, and it is worth checking before getting too worried about it.
     
    wanet likes this.
  16. wanet

    wanet Star commenter

    Agree, often panic posts get written before checks are done.
     
  17. jago123

    jago123 Established commenter

    When you handed in your notice, did you state your final day of employment would be the 18th December or the 31st? This could have an effect if you did do the former! I would speak to the school bursar or business manager and highlight your pay inaccuracy.
     
  18. TheoGriff

    TheoGriff Star commenter

    .

    @jago123 - it turned out to be a payroll dept error, and everything was sorted amicably.

    You are absolutely correct in stating that the wording of the resignation letter is all important. There are only 3 official leaving dates, so if you get it wrong it shouldn't matter because the school should pay you anyway.

    But an inexperienced person i/c could follow your error!

    How to resign - get that resignation letter right!

    Best wishes

    .
     
  19. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Glad to hear OP got it sorted out, and you are correct as always Theo, but can I add for benefit of any future readers of this thread that the 3 official leaving dates only apply if you are employed on the national conditions of service - "Conditions of Service for School Teachers in England and Wales" - often referred to informally as "the Burgundy Book conditions".

    Teachers will only be on "Burgundy Book conditions" if they work in an LA school, or if they work in an academy where either the academy has voluntarily adopted "Burgundy Book conditions", or if the individual teacher was protected by TUPE when the school converted to an academy.

    If you are not employed on "Burgundy Book conditions" an academy could terminate pay on the last working day of term and leave you unpaid in the holiday as long as their written contract of employment stated that.
     
  20. TheoGriff

    TheoGriff Star commenter

    .

    Gosh yes, Academy practice! And also, I shall add, some poor Indy schools.

    Poor in both senses.

    Write the letter that I gave you, to avoid them pulling a fast one.

    Unless of course, your contract and their conditions of service say that they can do this, as @Rott Weiler says . . .

    Best wishes and crossed fingers

    .
     

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