New Directions Education Ltd recently wrote to all active candidates fully explaining the expected changes to the law affecting the way in which we pay holiday entitlement.

Rolled up holiday pay laws – Effects on Teachers

Can you advise and inform which EU regulation or directive has prompted this change and whether it is at the discretion of the agency to implement these changes or not?

Under the new European Court of Justice ruling on rolled up holiday pay, temporary workers must now be paid their holiday entitlement separately and as not part of their weekly wage. As part of the Welsh Quality Mark accreditation the Welsh Assembly Government have endorsed the decision by the European Court of Justice, supported by the regulatory body REC to move away from rolled up holiday pay. If an agency decides to move with this change they will be able to apply to achieve the Welsh Quality Mark – which demonstrates professionalism and best practice within the industry.

Can you confirm the dates for leave year and whether those dates apply to all teachers?

The leave year runs from June 1st – May 31st and is the same for all New Directions temporary workers. The company agreed on these dates as it has linked up with us going live for accreditation for the Welsh Quality Mark.

How much notice do I need to give to book holiday leave and does it have to be in writing?

1 Week notice is required and communication by either phone or email is sufficed. The relevant Account Manager will then inform the accounts department.

Can you confirm why the rate of 12.31% reflects the holiday accrued each time a day worked?

We base the rate of 12.31% because it has to reflect a supply teacher being able to work 195 days of the year. We took further advice on this decision from the School Teachers Pay Review Body.

How do I calculate how many days I have accrued?

You simply accrue holidays by multiplying the number of days worked by 12.31% - this provides you with the exact number of days accrued during that period. Depending on how many days you have accrued, it is up to the individual worker on how many days opt to take as holiday.

If the leave year ends in June, how will it be possible for me to take holiday leave accrued in the months of April and May and avoid potentially losing out on supply work available in that month?

It is important to note the REC (Recruitment Employment Confederation) accepts that rolled up holiday pay is contrary to the EU Directive on working time and hence unlawful The rationale behind that of New Directions was to allow time for our supply teachers themselves to be prepared for the change. Generally most supply teachers tend to prefer the rolled up rate, however many see it as a savings pot accrued to then receive during school holidays.

Recruitment Agencies providing the services of supply teachers will need to work closely with all temporary workers to educate them on the inevitable alteration to their take-home pay.