Change to or end of Term Time Only - Averaged Pay Contract - Part way through year.

[hardya]

If someone is working term time only and only paid for the hours they work but their monthly pay is averaged over the year then what if their contract changes or ends. For example if their contract ends for example they leave and they have worked more hours than they have effectively been paid for, are they immediately due to be paid the outstanding hours? Or if their contract changes with the same employer to full time pay, paid and working all year round, up to the point the contract changes if they have not been paid for all the hours worked are they at that point immediately due all of the pay for the unpaid hours or is it spread over coming weeks on top of their new full time working all year round contract?

Hope this makes sense? What does the law say about this? Is it entirely dependent on what the contract actually says or could a contract that says you loose the money for those extra hours worked be illegal?

Thank you.

[ULA]

There should be somewhere in the contract that states what happens in the event someone leaves. However, in my view and to preserve the position of both employee and employer, there should be a clause to allow for making any adjustments to salary for money owed either way in the person’s final salary on leaving their employment.

On the second point about the situation of a change of contract I would have expected although maybe not in the new contract some written detail of how the transition in terms of pay owed either way would be dealt with. Again my opinion only it would be more orderly to resolve at the change over of contract rather than spread over the coming weeks.

[hardya]

The part time term time only contact made no mention of this at all and even that is not the most recent contract (small change of hours). No new full timetime cont has been issued. Though it should have been.

What does employment law say in the absence of anything in the contact? Can they chose not to address it? Or if they do address it can they chose whether to pay our to force you to take it as "additional" uncontracted informally agreed holiday?

I'd like to understand what employment law says if possible.

[ULA]

What does the contract state about hours worked since typically term-time only employees are usually paid the same amount each month rather than for the actual hours they worked in any given month.

If extra hours are worked outside of the contracted hours then there should be provision in the contract that states whether the time is paid or not. Were the extra hours requested to be worked by the employer?