Term-time-only (TTO) contracts affect thousands of school support staff across the United Kingdom, from teaching assistants and administrators to site and pastoral teams. While these contracts are often presented as family-friendly and aligned with the school calendar, the reality for many workers is very different.
TTO arrangements can mean significantly reduced annual pay, financial insecurity during school holidays, lower pension contributions, and limited access to career progression. The NEU believes TTO contracts create a two-tier workforce and is concerned that they risk undervaluing the vital contribution support staff make to pupils, schools, and communities.
A term-time-only contract means that an employee is only employed (and paid) when the school is open - in most cases, for 38 or 39 weeks a year.
However, employees on term-time-only contracts are entitled by law to paid leave, and this entitlement is usually added on (but reduced on a pro rata basis for part-time workers) to the weeks worked to establish the overall salary. For example, if a school is open for 39 weeks and there is a leave entitlement of five weeks, then the employee must be paid for 39 weeks, plus their leave and bank holiday entitlement (reduced on a pro rata basis). The salary is then divided by 12 and paid in equal monthly instalments throughout the year to ensure that the employee receives regular payments.
There are a number of formulae in use by employers for calculating the pay of term-time only workers (there are believed to be at least 18 in use around the country), but whatever method is used, it should be explained in the Statement of Particulars of Employment.
The formula must take into account the fact that employees covered by the Green Book are entitled to 21 days (25 after 5 years) annual leave, plus the 8 Bank Holidays and 2 additional Extra Statutory Holidays. Working in a school environment, it is not practicable for them to take leave during the term-time, so they are paid the cash equivalent of their leave entitlement, reduced on a pro-rata basis.
In 2018, a model formula was agreed to be included in guidance on the treatment of term-time only employees that now forms part of Part 4 of the Green Book. The model formula seeks to ensure that the payment system for term-time only employees is fair in comparison with all-year-round employees in the same organisation.
For further clarity on the rights of term-time only paid employees, a new section (Part 4.12) of the Green Book was agreed in early 2019. Please download a copy of the revised Green Book.
4.12 of the Green Book
The agreed guidance sets national principles on:
- How term‑time pay and annual leave should be calculated
- How holiday entitlement should be identified and protected
- How redundancy pay should be worked out
- What happens if employment ends or changes part‑way through the year
- How extra hours and overtime must be paid
- How school closure periods (including public holidays) are treated
- Access to training, development and union duties
The most important points for support staff and reps:
1. Your pay calculation must be clear
- Schools must be able to explain exactly how your term‑time pay is worked out.
- The calculation should be written into your contract/statement of employment particulars.
- If it isn’t clear or doesn’t add up, the union should challenge it.
2. Job adverts must show the real pay
- Schools should not advertise only the full‑time equivalent (FTE) salary.
- They must show the actual term‑time salary you will be paid.
- Advertising only the FTE rate is now officially discouraged.
3. Extra hours must be paid properly
- If you work additional hours, whether occasionally or regularly, you must be paid for them.
- Non‑standard or additional hours should be paid at the correct overtime rate under the Green Book.
- Extra work should not be treated as “goodwill”.
4. INSET days are working days
- INSET days count as paid working days.
- If full‑time term‑time staff are required to work beyond their contracted hours, the appropriate overtime rate should apply.
What schools are expected to do
Schools should:
- Review their term‑time only policies
- Check that pay and leave calculations follow the agreed guidance
- Consult recognised trade unions before making any changes
If this review is not happening, members should raise it with their school rep, union contact, or Branch Secretary.
Branches should seek urgent advice from their NEU Regional Office if employers seek to force through changes to annual leave entitlements and members should contact their branches or the NEU Adviceline