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Temporary contract question - 31st March?

Discussion in 'Workplace dilemmas' started by blueskies31, Jan 30, 2016.

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  1. blueskies31

    blueskies31 Occasional commenter

    Hi all,
    I'm currently working a temporary full time contract which commenced on the 1st November. In my mind I knew that it was up until Easter time and I've been reading TheoGriff's sticky about Easter resignation dates. I was hoping to negotiate my finish date as the end of the Easter holidays; which is the 10th April and not have to work until the 30th April.

    However, I have just got my contract out and it clearly states that the contract ends on the 31st March. This means that I won't be paid for the full Easter holidays. Can they do this? Have I not accrued the entitlement to be paid for the full two weeks as I have worked the full Spring term?
     
  2. TheoGriff

    TheoGriff Star commenter

    .

    Oh dear.

    All I can say is: that is really bad luck. :(

    Your only right to accrued holiday is the legal holidays. You will have had 2 weeks at Christmas and 1 in February... a school (especially an Academy) can be really tight on this if they wish, especially as you accepted those conditions by signing the contract.

    All workers have a statutory right to at least 5.6 weeks paid annual leave, which is 28 days paid holiday if you work five days a week. Your employer could choose to include bank holidays in the 5.6 weeks.

    Here is how to calculate if you have received the right amount HERE. At a quick rule of thumb, you will have had 15 days, which is more than half the 28 days, for 5 months work, which is less than half a year.

    (I've just filled in the form and the answer is: The statutory holiday entitlement is 11.7 days holiday.) So your 15 days is more than that. :(

    You can guess what I am going to say next . . . that now is not the time to have read that contract as it is too late to query the date. You could try, but I don't hold out much hope at this stage. You should always read the contract when it is given to you to avoid nasty surprises like this.

    I am really sorry for you. :( :(

    Best wishes

    .
     
    notsonorthernlass and GLsghost like this.
  3. frustum

    frustum Star commenter

    On the other hand, you presumably got the full two weeks at Christmas, having not worked the whole of that term. (Yes, you've done 5 months with only 3 weeks holiday, so you have indeed lost out compared to other teachers, but it's well above statutory requirements.)

    If your contract gives a specific end date, then there's not really any negotiation to be done.

    If your contract was covering maternity leave, then if the teacher you are covering is returning on 1st April, then that's the way it works - they will be paying the usual postholder again, so there's no money to pay you. It's probably much the same with sickness.

    If you were just filling a gap until somebody was available to start the permanent post next term, then they may be profiting from terminating your contract a couple of weeks earlier. But the time to argue was when you agreed to the contract.
     
  4. blueskies31

    blueskies31 Occasional commenter

    Thanks for clarifying both of you. To be honest I have been offered a perm contract and have declined it, so I got out the contract to check my finishing date. I never thought to check it.

    And you're right I did get the Xmas holidays without working the full term, so fairs fair!

    Thanks again
     
  5. GLsghost

    GLsghost Star commenter

    It didn't matter that you got the Xmas holidays without working the full term. @TheoGriff has posted a link to the .gov annual leave entitlement calculator. You have an entitlement to 5.6 weeks per year but accrue entitlement during the first year at one twelfth for each month worked.

    You can out into the calculator your start and end dates and then it will calculate for you the proportion of statutory entitlement to annula leave you will have accrued at the end of your fixed term contract.

    It may be that you have had more than your statutory entitlement. If you have not, when you leave you are entitled to be paid in lieu of the entitlement accrued but not taken.

    It may be that you have contractual entitlement as well, but this may never be less favourable than the statutory entitlement.
     

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