14 March 2024

A number of CIPP members who operate payroll for schools and educational establishments, have today reached out, in regards to a news article published by Schools Week, who have stated a “mistake in government guidance could lead some schools to pay more than they should”.

The policy team have been in discussions with the Department of Business and Trade (DBT), and this is one area which we have raised concerns about.

The definition of a part-year worker as stated in The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, is:

            a worker is a part-year worker, in relation to a leave year, if, under the terms of their contract, they are required to work only part of that year and there are periods within that year (during the term of the contract) of at least a week which they are not required to work and for which they are not paid.

This definition means that-term time only workers, who receive equal instalments of their annual salary over the course of the year, do not meet the definitions of a part-year worker, to enable them to receive their annual leave entitlement calculated on an accrual basis.

DBT officials have stated in the news article from Schools Week, they were “currently reviewing the guidance and will provide an update in due course. Whilst the legislation defining a part-year worker applies to all sectors, we recognise this has a unique impact on those working in education.

The policy team will continue to keep you informed as we hear further advancements from DBT.

CIPP members can access our holiday pay and entitlement changes factsheet here.

If you would like to upskill, and understand what’s changing to annual leave entitlement and pay from 1 January 2024, why not attend our one hour Holiday pay: what's changed? training course? 

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