Flexible Working - taking advantage?

confusedbunny368

For the last 18 months I have been working for my boss on a really flexible arrangement, ie some days at work some days from home. Mainly I work 2 days a week but take calls, answer emails 5 days a week from home, so on average I work 20-30 hours per week. I get paid on an hourly basis (no o/t)and submit my timesheets to her at the end of each month. She takes care of tax and NI.

Some months go by and I may not get paid until the end of the following month ie, I still haven't been paid for February yet.

I've never had a contract with her and I've never been paid for any holidays (have always had to take them unpaid) and not work Bank Holidays, no sick pay. I know I'm lucky to be in such a flexible role which is convenient for my boys drop/pick up at school but I wonder are there basic minium requirements on employers? I know that if another staff member was taken on, then there would have to be a lot more formalities.

Any advice gratefully appreciated.

Thanks.

AP

Sambucus_Nigra

What does your contract say about...well, anything?

confusedbunny368

Thats just it, I haven't got a contract, its a friendly arrangement that has just gone on for the past 18 months. So do I have a leg to stand on?

anamenottaken

confusedbunny368 wrote: »

For the last 18 months I have been working for my boss on a really flexible arrangement, ie some days at work some days from home. Mainly I work 2 days a week but take calls, answer emails 5 days a week from home, so on average I work 20-30 hours per week. I get paid on an hourly basis (no o/t)and submit my timesheets to her at the end of each month. She takes care of tax and NI.

Some months go by and I may not get paid until the end of the following month ie, I still haven't been paid for February yet.

I've never had a contract with her and I've never been paid for any holidays (have always had to take them unpaid) and not work Bank Holidays, no sick pay. I know I'm lucky to be in such a flexible role which is convenient for my boys drop/pick up at school but I wonder are there basic minium requirements on employers? I know that if another staff member was taken on, then there would have to be a lot more formalities.

Any advice gratefully appreciated.

Thanks.

AP

How many employees does she have now? Some formalities (like having a written H&S statement) may increase when you reach five employees but providing you with 5.6 weeks paid leave annually, SSP, written particulars of your employment, payslips apply to having one employee or one thousand.

anamenottaken

confusedbunny368 wrote: »

Thats just it, I haven't got a contract, its a friendly arrangement that has just gone on for the past 18 months. So do I have a leg to stand on?

You have a contract - the contract is the agreement you have to work for her and for her to pay you. What you don't appear to have are the written particulars of that contract which she would have been required to provide to you within two months of your starting the work.

You said she takes care of NI and tax. Does she provide you with payslips (at or before the time she pays you) which shows that she has made those deductions? How much an hour does she pay? Did she provide you with a P60 last April/May for the tax year which ended on 6 April?

confusedbunny368

Dear Anamenottaken

There is only me and her, no particulars of employment but I do get payslips.

Thanks

AP

Sambucus_Nigra

confusedbunny368 wrote: »

Thats just it, I haven't got a contract, its a friendly arrangement that has just gone on for the past 18 months. So do I have a leg to stand on?

See, I won't do any work without written particulars and a 30 day payment terms agreement.

Perhaps you should formalise it?

confusedbunny368

Hi Anamenottaken

£9 per hour, yes I do get payslips at the time of payment and I did receive a P60 from her last year.

Thanks.
AP

LittleVoice

It sounds as though you are doing some form of admin work for her but she (or someone else) is looking after payroll.

You could offer to get things sorted for her on the staff employment side of things. Then, for a start look at http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_175704 which shows what has to be provided in the written particulars.

As she has not paid holiday - and you are entitled to 5.6 weeks (your weeks) paid leave in a year - you need to include that. Because statutory paid leave cannot be rolled over to a new year, I suggest you have a holiday year which runs from 1 May to 30 April and you take your 5.6 weeks in the period up to 30 April this year. If you have taken leave during the last ten months then include that for back-pay. Bank holidays can be included in the basic 5.6 weeks. The May to April year is suggested as a way of your getting the maximum possible holiday but it may be that if you have taken sufficient holiday in the last year it would be better to have April to March as the holiday year.

Good to see that she is paying above NMW and it seems tax and NI are being handled properly even if your pay date is a bit erratic.

anamenottaken

When it comes to calculating your paid holiday entitlement:

As you work a varying number of hours in a week, the best way of calculating your minimum statutory entitlement is to use 12.07% of the actual hours worked.

(Of course, she may want to claim that your £9/hour includes an allowance for paid holiday and therefore wants to reduce your basic pay. Don't suggest that yourself!)