HC Deb 09 June 2003 vol 406 c631W
John Cryer

To ask the Secretary of State for Trade and Industry (1) how the hourly rate for full-time, term-time workers is calculated; and whether it is based on a full year's employment; [116692]

(2) whether a full-time, term-time worker is entitled to the same amount of annual leave and Bank holidays as colleagues who are paid for the full year; [116690]

(3) whether a full-time, term-time worker in education is classified as a part-time worker, as defined in the part-time Workers' (Prevention of Less Favourable Treatment) Regulations 2000. [116691]

Alan Johnson

Subject to the National Minimum Wage provisions, hourly rates of pay are a matter for negotiation and agreement.

This Government believe that employers can gain significant business advantages by introducing a range of flexible working opportunities in the workplace for employees. These options might include term-time working—whether this is a suitable option will depend on the needs of individuals, work teams and above all, the needs of the business.

All workers have an entitlement to four weeks paid holiday a year. The entitlement of workers who work less than a full year will depend on their employment contract. Time off on bank holidays has never been a statutory entitlement, any right is either determined by the employees' contract or at the discretion of the employer.

For the purposes of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, a full-time worker is a worker who works the normal full-time hours for the business and a part-time worker is a worker who works less than the normal full-time hours for the business.

Subject to this employers are free to decide for their own purposes what constitutes a part-time or a full-time post and this applies to workers in education.