Is there a reason the contract finishes early? In line with STPCD notice periods, the teacher would be employed until 31 August. Only exception would be for example, if the contract was temporary to cover sickness absence and the substantive post holder returned to work. Teachers work on directed time and annual leave is included in their monthly pay.

In reply to Louise Highmore:

Thanks Louise, the teacher is filling in for a term as we are short staffed, but requested to finish earlier than the end of term as had a holiday booked. Does that make a difference?

In reply to Ali:

With regards to requesting to leave early, I would say this needs to be negotiated with the school. Options could be fixed term contract from 20/04-31/08 and the post holder applies for unpaid leave for the term-time dates they want to go away on holiday, but check your contracts and leave of absence policy as they not be permitted, or allow an early release and pay up until the last date of employment. Ensure offer letter and contracts states any agreement that deviates away from 31 August, so all parties are clear. Hope that helps.

In reply to Louise Highmore:

Thanks Louise, that is really helpful

In reply to Louise Highmore:

Hi Louise,

Would this not be an exception as per 1.1 (b) and 1.3 of the Burgundy Book, which seems to suggest that the notice periods at para 4 of section 3 does not apply (unless there is something in the employee's contract that states otherwise)?


1.1 “Teachers” means all teachers (including head teachers) who work in schools or in centrally managed LEA services and who are remunerated either on a full-time basis or a part-time basis, other than:
(a) those employed on a day to day or other short notice basis (i.e. teachers paid at a daily or hourly rate) under the terms of the School Teachers’ Pay and Conditions Document;
(b) those employed on a temporary basis either for a period of one term or less or as substitutes for permanently appointed teachers absent for reasons such as secondment, prolonged illness or maternity;

1.2 Those teachers falling within category (a) of paragraph 1.1 above shall be covered by paragraphs 5 and 6 of Section 3, paragraphs 1,2 and 4 of Section 6, Section 7 and paragraphs 1 and 2 of Section 8.
1.3 Those teachers falling within category (b) of paragraph 1.1 above shall be covered by all sections of the document, except paragraph 4 of section 3 - unless there is no other stated notice provision within their contract.

Gavin

Hi Ali,

As an ex-teacher, I have to say that not paying for the holiday in an example like this is very, very common - indeed almost the norm. Likewise, if someone wasn't starting till the start of a term it's rare that a school would pay for the holiday occurring beforehand - despite that fact that they would expect the teacher to come in and get their room ready, attend meetings, plan work, etc, etc.

Legally I guess they're right - if you finish work on a specific date then you don't receive any future payments for that job beyond that date. Financially, for the school, it also makes sense. But morally, given the amount of work involved in and expected of teaching - which is far more than the 5 hours a day in front of a class - then at least a contribution to the holidays should be expected.

If the teacher works to the last school day of the term, they are paid to the last Sunday of that terms holiday period. If they’ve arranged to finish prior to the end of term (eg, not worked to the last school operating day of that term, you pay them to that day as they forfeit pay to the end of the holiday period.