Employee wants to work 40 weeks a year

What would the contracted weeks worked be to only work 40 weeks a year?

Didn't find your answer?

I've got a friend who is employed and wants to cut the weeks he works each year down to 40 weeks. His wife has recently died and he wants to be off during the school holidays to look after his children. He's asked me what this would entail with holidays/salary and what to propose to his employer.

My thinking is, working full time earns him 5.6 weeks holiday a year so he actually works 46.4 weeks a year. 5.6 is 12.07% of 46.4 so in order to only work 40 weeks his contracted weeks would be 44.83 weeks (40 x 1.1207).

His annual salary would be 44.83/52 of what it would be if he worked full time.

Does anyone agree with my thinking or am I missing something? Is there a different way to approach this? Thanks.

 

Replies (11)

Please login or register to join the discussion.

avatar
By accountaholic
21st Feb 2023 13:22

I'd advise you to be very careful to get the contract right. Have a read about the recent Harper Trust case about people with term time contracts. What seems like common sense can end up a bit of a mess legally. Following this case the government has opened a consultation into how exactly to deal with your scenario. In the Harper case it was arguable that the term time workers actually ended up better off than those on 52 week contracts, which had not been the intention.

Sorry I can't answer your question but this is a hot employment law topic right now.

Thanks (2)
avatar
By Yeadonian
21st Feb 2023 13:33

The recent Harpur Trust case said that term-time workers are still entitled to 5.6 weeks holiday. His minimum holiday is therefore 5x5.6 = 28 days.

Thanks (0)
RLI
By lionofludesch
21st Feb 2023 14:20

Why doesn't he propose 12 weeks holiday and scale down his salary accordingly?

Only possible if he stays above minimum wage, obviously.

Thanks (0)
Replying to lionofludesch:
RLI
By lionofludesch
21st Feb 2023 15:35

lionofludesch wrote:

Why doesn't he propose 12 weeks holiday and scale down his salary accordingly?

Only possible if he stays above minimum wage, obviously.

Let me add some numbers to that.

Example

Fella on £46,400 a year, with 5.6 weeks holiday, wants to work 40 weeks.

Employer currently gets 46.4 weeks work out of him, at £1,000 a week.

New salary is 40 x £1,000 = £40,000, with 12 weeks holiday.

Thanks (1)
Replying to lionofludesch:
Avatar
By I'msorryIhaven'taclue
21st Feb 2023 16:06

Using the OP's 44.83/52 fraction multiplied by your (Lion's) £46,400 FT salary = £40,002 which accords nicely with your £40,000 reduced salary.

Thanks (0)
Replying to I'msorryIhaven'taclue:
RLI
By lionofludesch
21st Feb 2023 16:29

Sums - they're like magic, aren't they?

I thought the OP made the same reasoning but went the long way round to get the right answer.

Thanks (0)
Replying to lionofludesch:
Avatar
By I'msorryIhaven'taclue
21st Feb 2023 16:40

Well I guess all roads lead to Rome.

Of course, the best advice for the employee would be to take up teaching. Cake and eat it!

Thanks (0)
avatar
By paul.benny
21st Feb 2023 15:08

I'd also be cautious about pre-allocating all holiday. He may want a time off, even if only a day or two, outside school holidays.

Thanks (1)
Replying to paul.benny:
avatar
By Hugo Fair
21st Feb 2023 20:18

"He may want a time off, even if only a day or two, outside school holidays"

All of this (and more) can covered by a new set of Employment T&Cs - which of course are being drawn up as we speak!

On this specific (and based on the typical TTO contracts for teachers), the options would include:
* taking an additional day or two of unpaid leave during term-time;
* taking it as TOIL (and working extra hours to compensate);
* taking sick leave for medical appts (depending on ER's current T&Cs).

But there's no shortcut that's safe (for both parties) that's not set out in advance in new T&Cs and associated contract.

Thanks (1)
avatar
By Hugo Fair
21st Feb 2023 20:36

I disagree with most of the maths put forward so far (and endorse that the fallout from the Harpur Trust case is still settling and being interpreted - by BEIS, DWP, CIPP, etc)!

BUT if "His wife has recently died and he wants to be off during the school holidays to look after his children", then I suspect he needs to "cut the weeks he works each year" to fewer than 40 weeks.

Leaving aside the slight regional variations in term-time durations, there's also half-terms to consider and (even hopefully without further Covid inspired closures) the odd no-teaching day may occur (although Strike days are unpaid).
Bottom-line? A typical TTO teacher is employed for 38 (not 40) weeks p.a.

Also without prying into the difficult changes your client is facing, a working-day for a teacher coincides (more or less) with the time that pupils are at school - albeit with extra hours (typically undertaken at home) for the 'administrative' elements of the job.
So any discussion with the boss needs to be more in the round about all aspects (of flexi-working, WFH days, etc) - not just a reduction in days p.a. and salary.

Thanks (1)
By Duggimon
22nd Feb 2023 15:54

Harper Trust and term time workers are a complete red herring. The holidays would not be set by the employer but by the employee, there's just an increase in the number of them and a pro-rata downgrade in salary to compensate.

If the employer for some reason wants to mandate his holidays have to be in the school holidays then there could be issues arising from the Harper case, but why would they? This is just a regular employee with work available throughout the year who gets 12 weeks a year off.

Thanks (0)