Holiday Pay

[cassa333]

I was talking to someone the other day and I said that because I work in a school I am not allowed to take paid leave in term time my hay is actually paid on a weekly basis in an up-lift to my hrly pay.

They said that an eu directive made this illegal and they shouldn't do that.

Is he right?

[factor-fiction]

I don't think it's illegal- there are lots of people who work in schools on that basis

[factor-fiction]

What happens outside term time?

[cassa333]

Outside term time I don't get paid or get paid holiday, because I have the uplift on my pay, I don't know what happens with the teaching staff though.

The local pre school ae changing their contracts soon and want to put a holiday pay up-lift so the don't have to worry about holiday pay at all. They have also been told they can't stop the retainer that is paid to the pre-school staff even though they are permenant with contracts.

[buildersmate]

The purpose of the EU Directive is to make sure people get at least their minimum amount of holiday and the employer cannot buy back the holiday.
Given that you get this during the school holidays, I cannot see there is an issue.
Your contract, which you have agreed to, merely constrains when your holiday is taken. The uplift in pay has compensated you for this.
That is the logic of my answer; I am only 90% sure on this one, so others are welcome to correct me.

[MallyJ]

cassa 333 - Teachers get an annual salary that is paid in 12 installments .... so they are not paid for the holidays as such but will still get their salary going into the bank.

[buildersmate]

I think we all understand that - including Cassa.
We are not talking about those whose contract is paid over 12 equal instalments but whose rate of holiday use is constrained by the employer to specific dates.
We are talking about those whose contract is for term-time only and get no arrangement to take holiday in those times. Those people have to be paid for their holiday as an uplift over the period they are contracted for, such they effectively receive pay for that part of the school holidays for which they then choose to use as 'paid leave'. The remaining school holiday days are then effectively unpaid.
Nothing unlawful versus EU legislation as far as I can see - unless someone else knows different.

[ojread2]

I fail to see why you would need to take holidays in term time
If the children cannot, or if they do are subject to fines, why should it be any different for staff?

[factor-fiction]

I share buildersmate's view, but I can see a possible problem: what happens if someone in Cassie's position also had another job, during school holidays only, which builds in holiday pay via an uplift and allows no holidays- that person gets no holidays (unless you count weekends) so would this be a breach of the directive?

[factor-fiction]

Sorry, cassa not Cassie

[thugulike]

Non teaching staff in schools should be on a term-time contract with includes holiday pay but all holidays must be taken outside of term times. This does not contravene WTR. There did used to be a problem with teachers working on supply as their daily rate included an element for holiday pay and this was deemed to be 'rolled up' holiday pay which does contravene WTR. To my knoledge that practice has now ceased and supply teachers are paid for their holidays whenever they choose to take the holiday pay