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Refusal to pay salary over summer when leaving

Discussion in 'Workplace dilemmas' started by lolaarcana, Mar 12, 2018.

?

Is this legal?

  1. yes

    11.1%
  2. no

    88.9%
  1. lolaarcana

    lolaarcana New commenter

    I am currently trying to go for a HoD job and my school ask for one full academic term as notice. My friend has just handed in his notice with the leaving date as the 31st of August. The school are saying that he will not get any money after the last day of term, even though he has worked the full year.
    Is this legal? There is no mention of this in the contract and this seems like a 25% docking of pay? We have what appears to be an annualised hours contract.

    They are also trying a number of other things that seem extremely dodgy.
     
  2. chelsea2

    chelsea2 Star commenter

    What kind of school are we talking about? LA? Academy? Indy? In the UK?
     
    Pomza, border_walker and Lara mfl 05 like this.
  3. pennyh.

    pennyh. Occasional commenter

    You need legal advise- if you or friend belong to union and really should be friend for their case and the contract examined. If you have not joined the union then you need employment solicitor advice.
    In your school you must have had people resign before- ask them. Your annual salary must be known so if it is divided into 12 and 2 months are just chopped then that does not seem right.
    Sometimes staff in schools accept contracts without having them checked out until it is too late.
     
  4. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Is this his first and only year there? Is he on a permanent of fixed term contract?

    Then you need to get organised, as you'll need to hand in your notice within the next couple of weeks.
    What does the contract say?
    For example?
     
    Lara mfl 05 likes this.
  5. sbkrobson

    sbkrobson Star commenter

    Your motives for setting up a vote on this when we have seen no contract, are intriguing.
     
  6. JohnJCazorla

    JohnJCazorla Star commenter

    And serves what point?
    TESSERS 832 Employment Tribunal 1. I think the latter vote counts more.
     
  7. Rott Weiler

    Rott Weiler Star commenter Forum guide

    The short answer is no-one here could possibly tell you the answer. Your notice period shows that you are in a school that isn't using national conditions of service so it all depends on exactly what your contract of employment says. No-one here has seen it so no-one here knows whether what your school is saying complies with your contract. Involve your union asap!

    Your poll question is meaningless. Not paying you over the summer is neither legal or illegal. The question should be whether not paying you complies with your contract.
     
    576, Pomza, Jesmond12 and 4 others like this.
  8. Scintillant

    Scintillant Star commenter

    Don't work for people who offer such contracts.

    Simple.
     
  9. border_walker

    border_walker Established commenter

    Can't vote as I have no idea. Need to read contract and conditions - is the school following Burgundy book conditions.
    Anyone accepting a job in a school now need to know what they are agreeing to before accepting a position.
     
  10. citoyen

    citoyen New commenter

    Hi, if the contract is due to expire on the last day of term, then it is unlikely that you are paid during /July/August.
    Check the last day it sounds right to me that salary will not be paid after the date for the fixed term contract.
    Good luck.
     
  11. koopatroopa

    koopatroopa Senior commenter

    The answer to you your poll is "possibly".

    Your friend may be entitled to paid holiday which is unlikely to cover the whole of the summer but may include the first few weeks. Individual contracts vary and as your school has written in a long notice period they may have included other features too.
     
  12. lolaarcana

    lolaarcana New commenter

    Independant
     
  13. lolaarcana

    lolaarcana New commenter

    Other people left last year, they were paid over summer.
     
  14. lolaarcana

    lolaarcana New commenter

    Easy for you to say - the contract makes no mention of this. it just says an annual salary and my threshold hours.
     
  15. lolaarcana

    lolaarcana New commenter

    My motive is to get an opinion - not really sure what the point of this comment is tbh.
     
  16. lolaarcana

    lolaarcana New commenter

    It doesn't follow the burgundy book or teacher pay and conditions.
    It doesn't say anywhere about not being able to quit in August or that we will not be paid over the holidays.
     
  17. lolaarcana

    lolaarcana New commenter

    1. Permanent
    2. I know
    3. It has annual threshold for hours, says the college holidays are our holidays, and an annual salary.
    4. They block people from applying for certain internal vacancies without reason. There are several issues where policies are applied to one person and not another. They try to harass certain members of staff if they don't 'fit in'. Even though most contracts state pay reviews should occur every September they never happen.
     
  18. lolaarcana

    lolaarcana New commenter

    There is no expiry date, it's a permanent contract.
     
  19. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Speak to your union and get them to go over your contract with you and see what's what.
    No point starting a fight with the school if they are in the right.
     
    FrankWolley likes this.
  20. Scintillant

    Scintillant Star commenter

    If your salary has no notice period, read it more closely next time and don't sign it till you know your notice period

    With no pay reviews and all the other stuff you mention, you ought to get out of there.
     
    agathamorse and border_walker like this.

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