Term-time Only Guidelines
1
What is a Term-time Only contract?
Term-time means staff who work less than fifty-two weeks per year including
holidays. Historically at Middlesbrough College, a Term-time Only contract means
that an employee would only be employed during teaching weeks - in most cases, for
38 or 40 weeks a year.
More recently the College employs a number of staff on a Term-time Only contract
however the working pattern may not necessarily be based on the on teaching weeks
and are more likely to be based on meeting the needs of the College business and
operational requirements.
2
How does an employee on a Term-time Only contract know what days to work?
The contract of employment for Term-time Only employees identifies how many
weeks / days the employee should work. The working days exclude Bank / Public
Holidays.
For example, if you are contracted to work 37 hours for 40 weeks, you must work 200
days (pro rata) per academic year excluding Bank / Public Holidays. The employee
and Line Manager must maintain accurate records.
Please refer to Table 1 (page 3).
3
Are Term-time Only employees entitled to Annual Leave?
Employees on Term-time Only contracts are not provided with an allocation of
Annual Leave, however they are entitled by law to paid time off and this entitlement is
added on (on a pro rata basis) to the weeks worked to establish the overall salary.
For example - if an employee on a Term-time Only contract for 38 weeks and there
is an Annual Leave entitlement of 6 weeks, then the employee must be paid for 38
weeks, plus their Annual Leave entitlement (reduced on a pro rata basis).
The Annual Leave entitlement includes Bank / Public Holidays pro rata.
Please refer to Table 1 (page 2).
1
Table 1
Breakdown of Term-time Only Weeks
No of Contractual
Working Weeks
No of
Working Days
Holiday
Entitlement
No of Paid
Weeks
Nil Pay
FTE
FTE
As per Contract of
Employment.
Excluding
Bank Holidays
(based on 37
hours per week)
Including
Bank Holiday
No of
Contractual
Weeks plus
Holiday
Entitlement
52.14 weeks
per annum
Example
based on
37 hours per
week
Example
based on
18.5 hours
per week
42 weeks
210 (days)
6.12 weeks
48.12 weeks
4.02 weeks
0.923fte
0.449fte
40 weeks
200 (days)
5.83 weeks
45.83 weeks
6.31 weeks
0.879fte
0.427fte
38 weeks
190 (days)
5.53 weeks
43.53 weeks
8.61 weeks
0.835fte
0.406fte
36 weeks
180 (days)
5.25 weeks
41.25 weeks
10.89 weeks
0.791fte
0.385fte
34 weeks
170 (days)
4.96 weeks
38.96 weeks
13.18 weeks
0.747fte
0.363fte
32 weeks
160 (days)
4.66 weeks
36.66 weeks
15.48 weeks
0.703fte
0.342fte
30 weeks
150 (days)
4.37 weeks
34.37 weeks
17.77 weeks
0.659fte
0.320fte
2
4
How is the Holiday Entitlement for Term-time Only employees calculated?
The Holiday Entitlement is based on a Whole Time Equivalent comparator.
For example:
Whole Time
Equivalent
37 hours per week
Term-time Only
(42 weeks)
37 hours per week
Term-time Only
(30 weeks)
37 hours per
week
Working
Weeks per
annum
52.14 weeks
52.14 weeks
52.14 weeks
(365 days ÷
7 calendar days)
(365 days ÷
7 calendar days)
(365 days ÷
7 calendar days)
Working
Days
Per annum
260.7 days
210 days
150 days
(52.14 weeks x
5 working days)
(42 weeks x
5 working days)
(30 weeks x
5 working days)
30 days
(5 weeks)
24.16 days
or 4.83 weeks
17.26 days
or 3.45 weeks
(30 days ÷ 52.14
x 42 weeks)
(30 days ÷ 52.14
x 30 weeks)
6.45 days
1.29 weeks
4.60 days
or 0.92 weeks
(8 days ÷ 52.14
x 42 weeks)
(8 days ÷ 52.14
x 30 weeks)
7.6 weeks
6.12 weeks
4.37 weeks
Total Weeks
Paid
52.14
48.12
34.37
Whole time
Equivalent
1.0 fte
0.923 fte
0.659 fte
Holidays
30 days pro
rata
Bank
Holidays
8 days
8 days per
annum
Total
Holidays
Where an employee is on a Term-time Only Business Support Contract their
entitlement to any holiday is based on a Whole time Equivalent comparator.
The Term-time Only employee will receive the equivalent Holiday Entitlement
on a pro rata basis.
3
5
Are employees with a Term-time Only contract entitled to Bank / Public
holidays?
Employees on a Term-time Only contract are paid a pro-rata of all
Bank / Public holidays in the annual salary.
If a Bank Holiday falls within one of your normal contracted working weeks,
since you have already been paid for that day as part of the holiday factor, you
will be required to either attend for work that day or work an alternative day.
6
How do I receive my pay for Holiday Entitlement and Bank / Public
Holidays?
The annual salary for employees on a Term-time Only contract includes pay for
Holiday Entitlement and Bank Holidays. This combined salary is divided into 12
and paid in equal monthly instalments throughout the year to ensure that the
employee receives regular payments and has paid time off work.
7
What happens if I want to take Annual Leave during Term-time?
Employees on a Term-time Only contract are not permitted to take Annual
Leave during Term-time without express prior authorisation by the Line
Manager which will only be granted in exceptional circumstances.
Normally only statutory and authorised special leave requests will normally be
granted during Term-time. This is to ensure the College is able to maintain the
necessary levels of service to students whilst being as consistent and fair as
possible to all Term-time staff.
However some areas of the College may permit a request for Annual Leave
during Term-time, in particular where the needs of the business require
employees to be present outside of Term-time.
8
What happens if an employee Term-time Only contract works more hours
than contracted?
Pay for employees on Term-time Only contacts will reflect their contractual
working arrangements. If an employee on Term-time Only contracts agree with
their Line Manager to undertake work outside of their contracted hours they
should agree with their Line Manager how this time is taken.
The employee can agree with the Line Manager how to be remunerated, either
an Overtime Claim or Time Off In Lieu (TOIL). It may be necessary to consider
including any such additional hours to be incorporated into contractual
arrangements if they are an on-going feature of the role.
4
9
What happens if an employee with a Term-time Only contract changes
their hours and / or weeks mid-way through an academic year?
Term-time staff who change their hours and/or weeks mid-way through their
anniversary year will have the pay for their previous post recalculated by the
Human Resource Department to ensure that they have received the correct pay
for the weeks and hours worked including holiday pay.
10
What is a Whole Time Equivalent?
A Whole Time Equivalent (WTE) is a unit that indicates the working patterns of
an employee in a way that makes employment contractual terms comparable.
Employment contractual terms are based on an employee working full-time and
over 52 weeks. The WTE (also known as Full-time Equivalent (FTE)) is used to
ensure non full-time employees receive equal employment contractual terms.
11
How is my Term-time Only Salary calculated?
A formula is used to calculate the annual salary of all employees working on
less than a full-time contract.
The formula can be found in Table 2 (page 6).
5
Table 2
Calculating Term-time Only Salary
Employee One – 30 hours per week, 38 weeks per annum
Whole time
Equivalent
Salary
X
No of
Contract
Hours
÷
37
(no of hours
in normal
working
week)
X
No of
Paid
Weeks
X
7
(days
per
week)
÷
365
(no of
days in
the year)
=
£10,000
per annum
£6,768.83
£15,000
per annum
£20,000
per annum
£25,000
per annum
£30,000
per annum
Actual Salary
£
£10,153.24
43.53
X
30
÷
37
X
(38 weeks
plus 5.53
weeks
holiday
entitlement)
X
7
÷
365
=
£13,537.65
£16,922.06
£20,306.48
6
Employee Two – 18.5 hours per week, 34 weeks per annum
Whole time
Equivalent
Salary
X
No of
Contract
Hours
÷
37
(no of hours
in normal
working
week)
X
No of
Paid
Weeks
X
7
(days
per
week)
÷
365
(no of
days in
the year)
=
£10,000
per annum
£3,735.89
£15,000
per annum
£20,000
per annum
£25,000
per annum
£30,000
per annum
Actual Salary
£
£5,603.83
38.96
X
18.5
÷
37
X
(34 weeks
plus 4.96
weeks
holiday
entitlement)
X
7
÷
365
=
£7,471.78
£9,339.73
£11,207.67
7
12
What is my Whole time Equivalent?
Table 3 provides an example of Whole time Equivalent (also known as Fulltime Equivalent (FTE) - This should be used as a guide.
Table 3
Your WTE (Whole time Equivalent)
Hours Worked Per Week
No of Weeks Worked
37
36
35
34
33
32
31
30
29
28
27
26
25
24
23
22
21
20
19
18
17
16
15
14
13
12
11
10
9
8
7
52
42
40
38
36
34
32
30
1
0.97
0.95
0.92
0.89
0.86
0.84
0.81
0.78
0.76
0.73
0.7
0.68
0.65
0.62
0.59
0.57
0.54
0.51
0.49
0.46
0.43
0.41
0.38
0.35
0.32
0.3
0.27
0.24
0.22
0.19
0.923
0.898
0.873
0.848
0.823
0.798
0.773
0.748
0.723
0.698
0.673
0.648
0.624
0.599
0.574
0.549
0.524
0.499
0.474
0.449
0.424
0.399
0.374
0.349
0.324
0.299
0.274
0.249
0.224
0.200
0.175
0.879
0.855
0.831
0.808
0.784
0.760
0.736
0.713
0.689
0.665
0.641
0.618
0.594
0.570
0.546
0.523
0.499
0.475
0.451
0.428
0.404
0.380
0.356
0.333
0.309
0.285
0.261
0.238
0.214
0.190
0.166
0.835
0.812
0.790
0.767
0.745
0.722
0.699
0.677
0.654
0.632
0.609
0.587
0.564
0.542
0.519
0.496
0.474
0.451
0.429
0.406
0.384
0.361
0.338
0.316
0.293
0.271
0.248
0.226
0.203
0.181
0.158
0.792
0.770
0.749
0.727
0.706
0.685
0.663
0.642
0.620
0.599
0.578
0.556
0.535
0.514
0.492
0.471
0.449
0.428
0.407
0.385
0.364
0.342
0.321
0.300
0.278
0.257
0.235
0.214
0.193
0.171
0.150
0.747
0.727
0.707
0.687
0.666
0.646
0.626
0.606
0.586
0.565
0.545
0.525
0.505
0.485
0.464
0.444
0.424
0.404
0.384
0.363
0.343
0.323
0.303
0.283
0.263
0.242
0.222
0.202
0.182
0.162
0.141
0.703
0.684
0.665
0.646
0.627
0.608
0.589
0.570
0.551
0.532
0.513
0.494
0.475
0.456
0.437
0.418
0.399
0.380
0.361
0.342
0.323
0.304
0.285
0.266
0.247
0.228
0.209
0.190
0.171
0.152
0.133
0.659
0.641
0.624
0.606
0.588
0.570
0.552
0.534
0.517
0.499
0.481
0.463
0.445
0.428
0.410
0.392
0.374
0.356
0.338
0.321
0.303
0.285
0.267
0.249
0.232
0.214
0.196
0.178
0.160
0.143
0.125
8
13
Are employees on Term-time Only contracts entitled to Leave of
Absence?
All employees are entitled to request special leave under Leave of Absence.
The Line Manager will consider the request in accordance with the Leave of
Absence Schedule (please refer to the Human Resources Handbook). Any
approved Leave of Absence request will be on a pro rata basis.
14
Are employees on a Term-time Only contract allowed to hold other
employment?
All employees should refer to their contracts of employment where there is a
clause on Exclusivity of Service. All employees are required under their
contract to write to the Principal / Chief executive (via Human Resources)
requesting permission to undertake the other employment and providing
details of any other employment and how this will affect their employment with
the College.
The Principal / Chief Executive will respond to the request.
If you have any question regarding the Term-time Only Guidelines
please contact your Human Resources Business Partner
in the first instance.
Alison Stephenson
Director of Human Resources
24 April 2014
9