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 No of Holiday No of Paid Nil Pay FTE FTE

Working Weeks Working Days Entitlement Weeks

As per Contract of Excluding Including No of 52.14 weeks Example Example

Employment. Bank Holidays Bank Holiday Contractual per annum based on based on
(based on 37 Weeks plus 37 hours per 18.5 hours
hours per week) Holiday week per week
Entitlement

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 Term-time Only Term-time Only

Equivalent (42 weeks) (30 weeks)
37 hours per week 37 hours per week 37 hours per
week

Working 52.14 weeks 52.14 weeks 52.14 weeks

Weeks per (365 days ÷ (365 days ÷ (365 days ÷
annum 7 calendar days) 7 calendar days) 7 calendar days)

Working 260.7 days 210 days 150 days

Days (52.14 weeks x (42 weeks x (30 weeks x
Per annum 5 working days) 5 working days) 5 working days)

Holidays 30 days 24.16 days 17.26 days

30 days pro (5 weeks) or 4.83 weeks or 3.45 weeks
rata (30 days ÷ 52.14 (30 days ÷ 52.14
x 42 weeks) x 30 weeks)

Bank 8 days 6.45 days 4.60 days

Holidays 1.29 weeks or 0.92 weeks
8 days per (8 days ÷ 52.14 (8 days ÷ 52.14
annum x 42 weeks) x 30 weeks)

Total 7.6 weeks 6.12 weeks 4.37 weeks

Holidays

Total Weeks 52.14 48.12 34.37

Paid

Whole time 1.0 fte 0.923 fte 0.659 fte

Equivalent

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

37
(no of hours 7 365
Whole time No of No of
in normal (days (no of Actual Salary
Equivalent X Contract ÷ X Paid X ÷ =
working per days in £
Salary Hours Weeks
week) week) the year)

£10,000
per annum £6,768.83

£15,000
per annum 43.53 £10,153.24

£20,000 (38 weeks

365
per annum X 30 ÷ 37 X plus 5.53 X 7 ÷ = £13,537.65
weeks
£25,000 holiday
per annum entitlement) £16,922.06

£30,000
per annum £20,306.48

6
Employee Two – 18.5 hours per week, 34 weeks per annum

37
(no of hours 7 365
Whole time No of No of
in normal (days (no of Actual Salary
Equivalent X Contract ÷ X Paid X ÷ =
working per days in £
Salary Hours Weeks
week) week) the year)

£10,000
per annum £3,735.89

£15,000
per annum 38.96 £5,603.83

£20,000 (34 weeks

per annum X 18.5 ÷ 37 X plus 4.96 X 7 ÷ 365 = £7,471.78
weeks
£25,000 holiday
per annum entitlement) £9,339.73

£30,000
per annum £11,207.67

7
12 What is my Whole time Equivalent?

Table 3 provides an example of Whole time Equivalent (also known as Full-

time Equivalent (FTE) - This should be used as a guide.

Table 3 Your WTE (Whole time Equivalent)

No of Weeks Worked

52 42 40 38 36 34 32 30

37 1 0.923 0.879 0.835 0.792 0.747 0.703 0.659

36 0.97 0.898 0.855 0.812 0.770 0.727 0.684 0.641
35 0.95 0.873 0.831 0.790 0.749 0.707 0.665 0.624
34 0.92 0.848 0.808 0.767 0.727 0.687 0.646 0.606
33 0.89 0.823 0.784 0.745 0.706 0.666 0.627 0.588
32 0.86 0.798 0.760 0.722 0.685 0.646 0.608 0.570
31 0.84 0.773 0.736 0.699 0.663 0.626 0.589 0.552
30 0.81 0.748 0.713 0.677 0.642 0.606 0.570 0.534
29 0.78 0.723 0.689 0.654 0.620 0.586 0.551 0.517
28 0.76 0.698 0.665 0.632 0.599 0.565 0.532 0.499
27 0.73 0.673 0.641 0.609 0.578 0.545 0.513 0.481
26 0.7 0.648 0.618 0.587 0.556 0.525 0.494 0.463
Hours Worked Per Week

25 0.68 0.624 0.594 0.564 0.535 0.505 0.475 0.445

24 0.65 0.599 0.570 0.542 0.514 0.485 0.456 0.428
23 0.62 0.574 0.546 0.519 0.492 0.464 0.437 0.410
22 0.59 0.549 0.523 0.496 0.471 0.444 0.418 0.392
21 0.57 0.524 0.499 0.474 0.449 0.424 0.399 0.374
20 0.54 0.499 0.475 0.451 0.428 0.404 0.380 0.356
19 0.51 0.474 0.451 0.429 0.407 0.384 0.361 0.338
18 0.49 0.449 0.428 0.406 0.385 0.363 0.342 0.321
17 0.46 0.424 0.404 0.384 0.364 0.343 0.323 0.303
16 0.43 0.399 0.380 0.361 0.342 0.323 0.304 0.285
15 0.41 0.374 0.356 0.338 0.321 0.303 0.285 0.267
14 0.38 0.349 0.333 0.316 0.300 0.283 0.266 0.249
13 0.35 0.324 0.309 0.293 0.278 0.263 0.247 0.232
12 0.32 0.299 0.285 0.271 0.257 0.242 0.228 0.214
11 0.3 0.274 0.261 0.248 0.235 0.222 0.209 0.196
10 0.27 0.249 0.238 0.226 0.214 0.202 0.190 0.178
9 0.24 0.224 0.214 0.203 0.193 0.182 0.171 0.160
8 0.22 0.200 0.190 0.181 0.171 0.162 0.152 0.143
7 0.19 0.175 0.166 0.158 0.150 0.141 0.133 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