Zero Contract Hours and Holiday Pay - General - HR in Schools and Academies

1 Zero Contract Hours and Holiday Pay

14 Nov, 2019 13:06

Hello,

I was wondering is someone can help advise on holiday pay.

We have several contract types:

Zero contract (bank staff) - each month they claim they are paid an additional 13% holiday pay. This is shown separately on the payslip as accrued holiday pay. Is it ok to pay this way?

Then we have teaching staff who are on zero hour contracts, term time only but pay is spread over 52 weeks of the year. At present they are paid holiday pay which is included in the hourly rate of pay. If this is shown separately like the above is it ok?

Any advise would be greatly appreciated.

Thank you in advance.

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Sasha | 0 Posts

14 Nov, 2019 23:04

Hi, I’m wondering how you have staff on zero hour, term time but spread over 52 week a year contracts?

In terms of holiday pay, teachers are paid a full year and holiday pay is wrapped up in their salary same as a 52 week a year employee.

Term time support staff are on term time contracts and paid a pro-rata amount of holiday pay, again, wrapped up in their salary.

Workers (exam invigilators for example) we pay 12.07% on top of their hourly pay rate which is detailed on their payslip.

All the above is rolled up holiday pay, bar teacher contracts as they are based on the 1265 directive. Rolled up holiday pay was legal but now really should be averaged over a 12 week period.

Further info here: beta.acas.org.uk/.../calculating-holiday-pay

However, everyone working in a school (bar those paid for 52 weeks a year who receive annual leave entitlement; not teachers) cannot physically work at the school for 13 weeks a year as its shut. So, as an employer, we are not running the risk of staff being paid for annual leave but not taking the time off as the time off is enforced due to school closure. I imagine the vast majority of schools operate this way.
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