Pro rata issue - 4 month contract

[luckyphil]

Hi All,

I was given a 4 month contract which started on 4 Sep 2023. I am on their books and being paid PAYE.

I have just received my payslip and they have pro rated this as I didn't work on 1 Sep 2023 (agree they should pro rata it)

Their calculation is

ANN SALARY/260 * 20 = Sep gross salary

260 = working days in a year
20 = days worked in Sep

All the advice I have read is this should be calculated on

Annual salary / full-time hours x actual work hours

This gives a larger gross salary for this month

Also in my contract I am not expected to work for 260 days as this is only a 4 month contract so calculating this on a yearly basis seems to me unfair/an attempt to pull the wool over my eyes

Can anyone advise on this please

Thanks
Phil

[atticus]

What does your contract say about calculation of pay, if anything?

[luckyphil]

5.17 If the Employee is full time the Employee’s year shall be taken to be 260 working days, if part time this shall be reduced pro rata according to the number of days or half days per week the Employee works.
>
Am I classed as full time despite them only offering me a 4 month contract which has no possibility of being extended?

[atticus]

In those 4 months, do you work full time?

The provisions you cite undermine your argument.

[luckyphil]

37.5 hours a week

[luckyphil]

Don't have a leg to stand on cos of that clause do I? Only just seen it

[ULA]

Yes unfortunately you are full time as 37.5 hours a week is full time it is just that the contract you are on is fixed at 4 months.