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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48539
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I worked term-time only covering a maternity leave in the

Customer Question

I worked term-time only covering a maternity leave in the college, in a Support (not teaching) role. In the contract, it says that I work till the substantive post holder returns. Two weeks before the lady returns from the maternity leave, I found another job. Now the college tells me they will not pay my last salary, because they have overpaid me. They say that those half-terms when I was instructed not to come to work were my holidays and I have not worked long enough to earn those holidays.Please can you tell me what the law says about term-time work and holiday entitlement and fixed-term contracts with no specified end date but with the condition "till the post holder returns".Thank you,
Ellada
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 21 days ago.

How long have you worked for this employer for?

Customer: replied 21 days ago.
from 27/10/2017 to 27/10/2017, that is, 8 months
Expert:  Ben Jones replied 21 days ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 21 days ago.

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?

Customer: replied 21 days ago.
Hi Ben, I am sending you the contract plus the letter and the final payslip. My question still is: what is the legal understanding of term-time work and holiday entitlement?
Expert:  Ben Jones replied 21 days ago.

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 20 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 20 days ago.
Hi Ben, could you please take a look at the final salary calculation and the letter from HR? Could you please help me understand how they are in line with the contract? I was instructed when to come to work and when not to come to work. The salary was divided into 12 equal parts to cover term time and non-term time . If this would not be the case, I should have been paid more during term time. Please comment on this. Ellada