Employment contract advise please.

amistupid

My daughter has been working for a very small local enterprise since 28 Feb 2011. She works 30 hours a week on minimum wage. She has never had a written statement of employment, she has never had any paid holidays and often worked
Bank Holidays for no extra remuneration.

She has now been given a written statement of employment.

It states that her employment is temporary and expected to continue for eight months (until end of December 2011). It began on 28 Feb 2011 and that her continuous employment began on 1 May 2011.

Regarding holidays, it states she is entitled to 18 days holidays, excluding public holidays, which she will be required to work. Her holiday year begins on 1 Jan. (no year given)

Am I correct in assuming

a) That the contract date starts on 1 May 2011

b) because her employment is expected to finish on the 31 December 2011 and her holiday entitlement doesn't start until Jan 2012, she will not be entitled to any paid holidays during this 8 month term of employment?

Any help would be much appreciated.

Thanks in anticipation

Adey.

amistupid

Googlewhacker wrote: »

Regarding the holiday the company are just saying that the holiday year is Jan1st to dec 31st so she would be allowed to take the 18 days holiday in the next 8 months. Come next year her holiday allocation will rise to a full years worth if she stays.

How much that is depends on how many days she works a week then (A full timer gets 5.6 weeks off a year so if she works 4 days it would be 4/5ths of that. Bank holidays can be included in this).

As for the contract it seems a bit of a gray area, was she just casual employment until May? I would expect her to still be entitled to some holiday during the Feb to May period as well but again it depends on what hours she did.

Thanks so much for your reply it is much appreciated.

Prior to 1 May she was only working abut 4 hours a week.

Although her hours vary now the minimum she works is is 25.5 hours a week. 4 six hour days and 1 one and a half hour day.

So how many days off can she have in the next 8 months? Does she have to work a certain length of time before she can take any holiday and are the holidays paid?

amistupid

Googlewhacker wrote: »

She needs to check, is this 18 days for the whole year or is it 18 days from May1st to the end of this year.

If it is the former then it is pro rata 18 to how many months are left.

It's 18 days for the whole year.

From 1 May to 31 December is 8 months (2/3rds of a year) so presumably she is entitled to (2/3rds of 18 days) 12 days paid holiday?

Does she have to work so many months before she can take any holidays?

purplepardalis

It must be 18 days for the 8 months as she must get 28 days off a year. Those 28 days can include public holidays. I think the best thong to do would be for to simply ask her employer.

t0rt0ise

Eighteen days this year and she can take it any time she likes as long as it's convenient for the business, and it will be paid holiday.

anamenottaken

amistupid wrote: »

Thanks so much for your reply it is much appreciated.

Prior to 1 May she was only working abut 4 hours a week.

Although her hours vary now the minimum she works is is 25.5 hours a week. 4 six hour days and 1 one and a half hour day.

So how many days off can she have in the next 8 months? Does she have to work a certain length of time before she can take any holiday and are the holidays paid?

So that means her days are not of equal length and therefore quoting holiday allowance in days is not sensible.

She also needs to look at those written particulars of her employment to see what her contracted hours are. Are they the minimum which you quote or are they less than that and the extra hours are being counted as overtime?

getmore4less

if she worked every week then the start datse should be the earlier date as long as she was employed direct and not through an agency.

was she on PAYE from Feb?

Also owed holidays for those weeks

amistupid

purplepardalis wrote: »

It must be 18 days for the 8 months as she must get 28 days off a year. Those 28 days can include public holidays. I think the best thong to do would be for to simply ask her employer.

Neither my daughter or I have any idea as to what she is employment rights she has, that's why I'm asking for advice here. Apparently it is the first time her employer has ever employed someone properly so her knowledge may also be questionable. It therefore seems silly to ask her employer advice as she could tell us anything she wants and we still would be none the wiser..

anamenottaken wrote: »

So that means her days are not of equal length and therefore quoting holiday allowance in days is not sensible.

She also needs to look at those written particulars of her employment to see what her contracted hours are. Are they the minimum which you quote or are they less than that and the extra hours are being counted as overtime?

Her work hours on the contract are.

You are employed to work part time.
Your normal working hours will be 10+ hours per week.
You will work on the following days Monday to Friday.
You will normally work between the hours of 0800 and 1800
You will never be required to work nights
You will occassionally be required to work weekends
Your working hours will include flexi hours and hours provided in advance.

Later under holidays it states

You are entitled to 18 days
This excludes public holidays
You will regularly be required to work public holidays
Your holiday year begins on 1st January
Unused entitlement may not be crried forward to the next year.

LittleVoice

amistupid wrote: »

Neither my daughter or I have any idea as to what she is employment rights she has, that's why I'm asking for advice here. Apparently it is the first time her employer has ever employed someone properly so her knowledge may also be questionable. It therefore seems silly to ask her employer advice as she could tell us anything she wants and we still would be none the wiser..


Her work hours on the contract are.

You are employed to work part time.
Your normal working hours will be 10+ hours per week.
You will work on the following days Monday to Friday.
You will normally work between the hours of 0800 and 1800
You will neve be required to work nights
You will occassionally be required to work weekends
Your weorking hours will include flexi hours and hours provided in advance.

Later under holidays it states

You are entitled to 18 days
This excludes public holidays
You will regularly be required to work public holidays
Your holiday year begins on 1st January
Unused entitlement may not be crried forward to the next year.

It is the employer who needs employment law advice!

On the face of it your daughter is contracted to work 10 hours a week (the use of the plus sign is problematic IMHO).

She is therefore entitled to 5.6 x 10 hours holiday = 56 paid hours a year.

The reference to public holidays is ambiguous - it could mean that if she doesn't work all the bank holidays then those not worked would be paid! I suspect that is not the intention.

If your daughter never works fewer than 25.5 hours a week, then expecting a regular 15.5 hours overtime should not be tolerated. Proper minimum hours need to be negotiated.

amistupid

LittleVoice wrote: »

It is the employer who needs employment law advice!

This is the impression I got, it seems the 'contract' may be a template pulled from the internet and tinkered with.

All I'm sure of is the employer needs my daughter to work at least 25.5 hours a week.

My daughter is so grateful to be working, she'd work any hours including public holidays for £5.95 per hour, without any paid holidays.

I just want to make sure no one is taking advantage of her.

amistupid

Thanks everyone for your help, it has certainly clarified things