PRESS RELEASE 19 July 2001

School staff win right to paid holidays

Nine Special Support Assistants in a New Forest private school were today celebrating an employment tribunal victory giving them rights to paid holidays. In a unanimous decision the Southampton Employment Tribunal ruled that term time workers were entitled to 4 weeks paid holidays from their employers Hesley Hall Ltd. The case was brought on their behalf by Unison following initial advice from the Low Pay Unit.

Their employers had argued that under the terms of their contract they were already paid during the school holidays. The women argued that the money they earned working 39 weeks a year during school term time was spread over 52 weeks, and they did not recieve any additional pay for holidays. Under the Working Time Regulations 1998, almost all workers are entitled to 4 weeks of paid holiday. After considering evidence of payments for overtime, the tribunal found that they were not paid for holidays and ordered that they should be.

Caroline Villiers, Unison Regional Officer, who supported this case, said:
"This part of the Working Time Regulations had yet to be tested for its impact on term time workers and we are delighted for all the applicants. This case should have an important impact on other term time workers within the Hesley Group and across the country.

Jeff Masters, Employment Rights Officer at the Low Pay Unit, said:
"The Working Time Regulations gave 2 million workers new rights to holidays but as this case shows many have had difficulties in accessing these rights. We call on the Government to legislate for a fair employment agency to assist in the enforcement of rights for workers who do not benefit from the support of a trade union.

For further information call:
Jeff Masters or Bharti Patel at Low Pay Unit on 020 7435 4268 or 07887 567 494
Caroline Villiers at Unison on 0118 959 6466

Notes to editor:
Mrs L Shanks & Others v Hesley Hall Ltd, heard at Southampton Employment Tribunal 2/3 July 2001, case no. 3105171/00 & Ors.