In the Know - 6th September 2023

What employers need to know about term-time contracts.

With more organisations outside the education sector offering term-time only contracts to give their staff greater flexibility and work/life balance, we look at how this type of contract works in practice.

• Term-time-only contracts are typically used when an employee only works during term-time, and not in the school holidays, but their continuity of service continues throughout the year. This can be a particularly attractive way of working for those with childcare or caring responsibilities, who would otherwise struggle to make alternative arrangements during the school holidays.
• Term-time only employees are usually paid an annual basic salary in 12 equal monthly instalments or paid by the hour for the hours they work. Whichever pay pattern employers offer, they need to ensure that the employee is receiving at least the national minimum wage in the relevant pay reference period.
• In the Harpur Trust v Brazel case, the UK Supreme Court confirmed that permanent part-year workers, including term-time only, are entitled to 5.6 weeks annual leave per leave year. Although the government is yet to publish the outcome of its consultation which could change the current legal position on this.
• Employees on term-time only contracts may fall under the definition of part-time worker under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, which means that employers need to be careful not to treat them less favourably on the grounds of their part-time status, unless the treatment can be objectively justified.

Dismissal for Police Officers guilty of gross misconduct

A review into the police dismissal process has identified the requirement for major changes. One such change will mean that officers found guilty of gross misconduct can expect to be dismissed unless there are exceptional circumstances.

Whilst conduct may be so serious that it amounts to gross misconduct warranting summary dismissal, a thorough investigation and disciplinary process should still be undertaken.

Did you know?

Failure to do so could result in a successful unfair dismissal claim and up to 25% increase in any award if the ACAS Code of Practice on Disciplinary and Grievance Procedures is not followed.

School Closures due to RAAC concrete

Safety concerns over RAAC concrete have delayed the start of term for some schools that have had to close, in full or in part, while remedial action is taken, leading to last-minute childcare issues for employees.

Organisations that have employees impacted should discuss the situation on an individual basis and try to agree to alternative arrangements. Some flexibility by employers can help to minimise disruption to the business.

Did you know?

Employees would likely be entitled to time off for dependants, but consideration could also be given as to whether the employee could work from home, take annual leave or unpaid leave.

Respondent failed to call job applicant with dyspraxia

The claimant contacted the respondent to explain that due to his dyspraxia he was struggling to complete the application process online. He emailed a copy of his CV which explained how he was affected by dyspraxia, and asked if he could make his application over the telephone.?

HR replied to state that it had to be completed online and asked several times via email which parts of the form he was struggling to complete.

Did you know?

The claimant was successful in his claim for failure to make reasonable adjustments. An employer acting reasonably would have telephoned to understand more about the situation.

COSHH essentials for employers

The COSHH regulations require employers to adequately control exposure to materials in the workplace that cause ill-health. They should start by creating an inventory of substances in their workplace. Including all hazardous and non-hazardous substances.

These are identified by a red diamond with a black symbol on the packaging. A COSHH assessment should be carried out, using the safety data sheet which is provided by the manufacturer.

Did you know?

The COSHH assessment should include control measures to reduce the harm to health, training for relevant staff and planning for emergencies. This should be communicated to employees.

Those on a term-time only contract have the same statutory right to receive a statement of employment particulars from day one of employment as other employees and workers.

Contact our 24-hour Advisory Service for up-to-date guidance on this and more.

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Please contact the 24-hour advice service for advice on your specific situation before acting on the information in this publication.

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