Term-time only staff may be owed backdated holiday pay

This blog refers to SBS Budgets, our new look budget management software as part of the SBS Online evolution.

TTO holiday pay error

There has been a change to the NJC National Agreement on Pay Conditions of Service (Green Book) which has highlighted an error in the previous term-time only staff holiday calculation. The guidance exists to ensure that TTO staff are paid on a fair, comparable rate to all-year round staff.

Please note this is guidance as not all LAs are using this method, with around 18 different calculations currently in use. As such, not all LAs will be affected by this change.

Due to this error, there has been some claims for backdated pay from TTO in affected Local Authorities. One case, brought against Greenwich Council has been agreed that the pay will be backdated to the 1st January 2013, more information about this case can be found here.

The ASCL believes that as schools and academies followed the guidance of Local Authorities, the additional cost of backdating this pay should not be from the school/academy budget, and instead supplied via the Local Authority. However, no official announcement has been made.

Guidance for Maintained schools

If you are a Local Authority maintained school affected by this issue, it has been advised that you contact your LA HR department for further advice on the implications for your staff and how the backdated pay costing will be arranged.

Guidance for Academies & MATs

As academies are no longer under Local Authority control, this may cause complications. If our Local Authority is affected, this would have impacted your academy pretransition and therefore backdated pay may still be required for that period. In this case, there are two possible options:

  • If you are an academy and you buy into the LA’s HR previsions please contact your LA for further advice on the implication and how this costing will be met as you have been following the advice of your HR provider by using this calculation.
  • If you have transferred your HR provision away from the Local Authority, from the point of conversion, you will need to seek advice from your current HR provider and may wish to take legal advice on their liability in this matter.

What should SBS Budgets users do?

As part of this revision, it is important you are budgeting the TTO salaries correctly. To ensure your figures are accurate, please review your ‘Support Staff Paid Weeks’ field and ensure it is correct.

If you have any questions on how this can be checked, please contact the service desk on 0345 222 1551 • Option 8, or email sbsonline@schoolbusinessservices.co.uk

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