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Summer pay when giving notice?

Discussion in 'Pay and conditions' started by Potterer81, Sep 6, 2019.

  1. Potterer81

    Potterer81 New commenter

    Hi everyone, I'm posting here for my partner who gave her notice at the end of the last summer term, but I think she's been paid less than she should have been.

    She gave her notice in plenty of time, but put her last day as her last teaching day (19th July) and was then paid pro-rata for July until the 19th, rather than a full months pay for that month and then that was it, nothing for August.

    I can see from reading other threads if she'd been a bit savvier she should have put 31st of August to ensure being paid until then.

    She was a teacher at a state school for over 12 years and was on a normal/ permanent contract/ burgundy book contract.

    My view is she has done all the working days for the year so should be paid for the 12 months and not for ten and a half months.

    She also was not a member of a union in the last year of her job, which on reflection was a mistake, but too late to change how.

    We have queried this with the school finance officer, but she says what she has been paid is right, but I think it's wrong.

    Can anyone help as she's lost a month and a half of pay having worked all the days in a year she should have done and seemingly for putting the last teaching day as her leaving day rather than the last day of summer holidays?

    Hope that makes sense.

    Very grateful for any help.
     
  2. diddydave

    diddydave Occasional commenter

    You need to write to the school and quote the relevant parts of the Burgundy Book and ask why they have only paid her to the 19th when the statutory requirement is until 31 August.

    "Section 3 Paragraph 2.1:
    2.1 All teachers resigning their appointments will be paid salary;
    ƒ at the end of the Summer term to August 31; or, in the case of a teacher resigning to take up an appointment with another employer to the day preceding the day on which the school under the new employer opens for the Autumn term if this be earlier than September 1; "

    Paragraph
    "4.1 All teachers shall be under a minimum of two months’ notice, and in the Summer term three months’, terminating at the end of a school term as defined in paragraph 1 above."

    State it was clear from her resignation letter that her resignation was to "the end of the Summer term".

    If they won't budge then the small claims court is an option.
     
    strawbs likes this.
  3. diddydave

    diddydave Occasional commenter

    Section 3
    Paragraph 1.1
    "Teachers shall be paid salary in accordance with the terms of the School Teachers’ Pay and Conditions Document by monthly instalments and should receive not less than one-third of a year’s salary for each full term’s service. For the purpose of these arrangements the three terms in each year shall be constituted as follows:
    the Summer term from May 1 to August 31;
    the Autumn term from September 1 to December 31;
    the Spring term from January 1 to April 30."

    You may inform them that she had completed a full term's service by the date given in her resignation letter. Possibly wording it along the lines of, "The date in the resignation letter was clearly the last day of service that the school had required from her for the Summer term and should not have been confused, without clarification by the school, with the statutory requirement for the school to pay her until 31 August."
     
    Last edited: Sep 7, 2019
    strawbs likes this.
  4. diddydave

    diddydave Occasional commenter

    I'd also write to the head rather than the finance officer as, giving them the benefit of the doubt, the finance officer may not be as familiar with the standard terms and conditions of teacher employment and a quick word from the head may get it sorted.
     
    strawbs likes this.
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Well putting 19th July as 'last teaching day' was factually correct and doesn't mean 'my last day of employment is 19th July'.

    If Burgundy Book terms are part of her contract then the school can't get away with saying 'well she resigned from 19th July' because she had no contractual right to resign from any date other than 31st August. The school would have had to treat it as a variation to her contract but they didn't do that.
     
    strawbs likes this.
  6. Potterer81

    Potterer81 New commenter

    Hi diddydave, thank you for those replies which were very hekpful
    Hi diddydave, again thanks for the reply, we did email the head and she seemed to defer to the finance officer. We feel we're at the stage to start getting a bit more serious/ formal now with them.

    It's a shame as my partner didn't leave under a cloud and the school were sorry to see her go and asked if she'd want to come back and do supply teaching etc.
     
  7. Potterer81

    Potterer81 New commenter


    Hi RottWeiler, thanks for that reply, very interesting re. variation of contract.

    Its knowing what to do next as we have emailed quoting her contract and the burgundy book, but just fot the same answer that she has had all the money she is owed.
     
  8. diddydave

    diddydave Occasional commenter

    If you get to being more formal then don't forget to note any financial losses you have had due to their failure to pay - interest on credit cards, mortgages etc that could have been covered by the amount in question.
     
  9. Rott Weiler

    Rott Weiler Star commenter Forum guide


    Read up on the new law that came into force in April 2019 about the information that must be included with payslips. Sounds like the response from the school does not meet this law. Draw it to their attention!

    https://www.gov.uk/government/publications/payslip-policy-a-guide-to-the-2019-legislation

    If ultimately your partner wants to take formal action it would be by starting an Employment Tribunal claim against the school. If you are going to do this without union help you will have to do a fair bit of research. And watch timescales .Usually within 3 months less one day. But read this article, for example, about whether you'd bring a claim for unlawful deduction of wages or wrongful dismissal because of breach of contract. Citizens Advice may be able to help you. (Don't rely on my advice, I'm not a lawyer! Get professional help before starting an ET claim).

    https://www.landaulaw.co.uk/unlawful-deduction-from-wages/
     
  10. Piranha

    Piranha Star commenter

    It does not look to me that she said her last teaching day was 19th July - it looks as if she said her last day was 19 July. If that is the case, it could be construed (very meanly) as asking to leave earlier than the Burgundy Book date. In which case, perhaps the school could agree to a variation of contract. I am not sure where this leaves her in law, although the behaviour of the school in taking advantage of such a slip is outrageous. As other have pointed out, legal advice might be needed. Possibly the governors could help.

    If she did say that her last teaching day would be 19 July, then I think the school has no way of justifying itself.
     
  11. sanriku

    sanriku New commenter

    Hi

    If she’s not a member of a union and the school are playing hardball then it’s definitely worth consulting a lawyer. Try to get a recommendation as there are a lot of sharks... I don’t know if I can recommend specific companies on here but I had excellent help a few years ago from an employment settlement service that specifically don’t litigate but do help resolve problems in large part by coaching you as to your rights.

    Good luck and don’t give up!
     
  12. DYNAMO67

    DYNAMO67 Lead commenter

    It’s a mean action by the school, no doubt at all. I’d write to the chair of governors about it. It may be that in the interests of fairness and reputation, they’ll relent.

    From what you’ve put though, other than hoping for goodwill, I’m not sure where you go. It sounds like a fundamental error on your partners part here. Twofold. One, the resignation date that ought really to be common sense after twelve years, and secondly not being in a union.

    You could go the the CAB but legally, as it could probably be insinuated you asked for an early termination, I doubt it’d be worth legal avenues.
     

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