Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you worked for this employer for?
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Hi there, thanks for your patience. Before I provide a fuller answer, are you able to upload your contact please so I can check a couple of things in relation to this?
Thank you. There are various options available for how term-time employees are treated. Some will only work term-time but have their salary spread over 12 months so that they still get paid every month. They will be able to take their holidays either during term time or during the school holiday periods.
However,m it is possible for the employer to nominate exactly when the employees take their holidays., This is a right they have under the Working Time Regulations 1998. Looking at your contract it would appear that under clause 6.2 it states that holidays will be taken during the non-term weeks. So the employer has already explicitly given you notice that you are expected to take your holidays during non-term times, therefore unless you had agreed anything specific to the contrary with them, it would have been assumed that your holiday allowance would have been used up during these non-term days. So you have to calculate whether you had earned enough holiday days for the time you worked there (7/12ths of your annual entitlement as you worked there for 7 months) to cover the non-term days that you were expected to take as holidays. If you ended up taking more non-term days than what you had accrued and were paid for them as holidays then the employer would have indeed overpaid you and they can deduct that from your salary as in your case.
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