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Employing on both term time and full time contracts

Hello

I have recently joined an independent school and they currently employ people in roles that are either 1) term time only or 2) full time i.e. all year. Now they have offered employment to someone working 2 days a week term time and then 1 day a week all year so in effect on both types of contract. I am trying to advise on how this can be administered particularly in terms of holiday accrual (which is different in each contract type), and sense that 2 separate contracts, 1 for each of the relevant contract types, is the cleanest and most sensible way to go.

I have sought ACAS advice but they couldn't advise on such a complex situation and suggested consulting an employment lawyer. I can advise my school to do this but before I do, does anyone have any experience of this type of situation or maybe knowledge of what the most appropriate way to deal with this is? I'm not sure I have the experience or knowledge to consider all the possible options or their consequences.

Any guidance or thoughts welcome. Thank you

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  • Could you employ them on an annualised hours contract? That might be the simplest solutions, rather than having 2 contracts.
    The CIPD also have an employment law helpline that might be more useful than ACAS.
    www.cipd.co.uk/.../advice-support
  • In reply to Elizabeth:

    Hi Elizabeth.
    Thank you for your reply. The biggest hurdle is calculating holiday accrual as this employee will 'accrue' holiday for the day they work all year, but be 'paid' for entitlement as part of their salary for their term time only days. They are then expected to effectively take their holiday during the school holidays but do not accrue and deduct holiday in the same way full time staff do. I am struggling to think how we would word this in a single contract applying both arrangements. I don't think annualised hours would solve this holiday accrual issue although my manager has suggested something similar when employing this person, but recognises the calculating of holiday would remain a challenge. I will try the CIPD support line. Thank you again for replying.
  • Hi Hazel, we have employees in our school who hold 2 positions, term time and all year, we administer this as you have suggested by giving 2 separate contracts. Our payroll also allows us to give them an additional role and separates the roles on the payslip allowing us to set up each one correctly. They are paid correctly for their annual leave on the TTO contract and they are paid all year for the other and book time off on annual leave in line with our leave process.
    Amanda
  • Hi Amanda, I have only just spotted your reply, so apologies for not responding sooner. Thank you for the information. That really helps, and I think my employer is happy to adopt this approach now.
  • Steve Bridger

    | 0 Posts

    Community Manager

    12 Apr, 2023 07:56

    In reply to Hazel:

    Thanks for letting us know, Hazel... and a belated welcome to our Community :)