Could do with some advice

Charityworker · 24 July 2012 at 7:37PM

Hello. I could do with some advice but please don't slate me.

I work for a charity 16 hours a week. I used to work in a little office on my own and manage my own work load. My employment contract was written up when I started the job and I haven't had a new one written. The charity is run by a board of trustees and committee. None of them get paid, I am the only person who works there and gets paid. 6 months ago the charity expanded into a very large building and my job changed considerably. I loved the little office where the job was originally but now I hate the job it has evolved into. The trustees/governors are there all the time. They seem to be trying to make my life hell to make me leave so that they don't have to pay my wages anymore (only £5058.56 a year). Today they have said I need to work extra time unpaid on thursday for the charity. When I said I can't because it's the school holidays they come out with saying "well we all work here for nothing so you should do some extra hours for nothing" and accused me of not trying hard enough. There have been times when I have done a full time week for them but only got paid for 16 hours and when I complain they hint that there are many people who would want this job and if I were me I would do it or they will get rid of me. Like I say, its like they are trying to make my job hell so that I will leave.

Now heres the rest of the story. In march I started a small business as a make up artist, nail artist, manicurist etc. I'm fully qualified as this so decided to try and earn more money this way. The business is going really well. The problem is that a lot of times I lose out on appointments because people want them when I am at work for the charity.

So I'm guessing my question is if I leave the charity job and go full time in the small business will I still be able to get my rent topped up by HB and will I still receive WTC and CTC or will they sanction me for giving up the charity job?

Also where do I stand with my employers saying I must work extra unpaid hours?

Please be gentle with me.

recoverydust · 24 July 2012 at 7:45PM

One of the difficulties with working for a small charity is that those people who are volunteer trustees have little or no understanding of their responsibilities as employers. They think that because they work form free and as they see it "they pay you" then you should do what they do and work for free too. This does not make it right or enforceable.

However, it does make it difficult for you. Do you have a local council for voluntary services who can help with advice for you and maybe the chair of the charity. The charity should have proper policies and procedures in place for employing people.

As for your self employment, some one will come along who knows about that soon no doubt

Charityworker · 24 July 2012 at 7:50PM

Thanks for your advice. Unfortunately the chairperson of the charity is one of the people who thinks I should be doing the extra hours for free. The charity has never had policies about those kind of things.

Good idea about seeking advice. There is a community forum in the town who I will contact in the morning.

The contract I have got was written up 3 and a half years ago. The address is different and the work I am doing has changed considerably. It was also signed by a committee member who isn't there anymore.

I'm really unhappy where I am now. I came out of work today and had to go into a public loo to cry! No job is worth feeling like that.

princessdon · 24 July 2012 at 7:51PM

You would need to prove your hours for SE.

Eg if you are not regularly working 30 hours, you'd lose that component, as long as you can evidence the hours I can't see it being a problem otherwise.

Only thing worth mentioning is UC - They are looking at businesses that don't make the NMW - and adjusting accordingly - but this is not here yet.

No sanctions (as not on JSA) - HB etc - all based on income with no sanctions.

Charityworker · 24 July 2012 at 7:56PM

Thanks but how do you evidence hours? I mean self employment hours include travel to and from and setting up as well. How do you prove that when your a nail artist?

princessdon · 24 July 2012 at 8:45PM

Charityworker wrote: »

Thanks but how do you evidence hours? I mean self employment hours include travel to and from and setting up as well. How do you prove that when your a nail artist?

It's what they determine as reasonable.

Eg a 2 hour trip to somewhere a mile away wouldn't be reasonable. Eg I have my nails done at home regularly. By the time she has done my nails (waited for the polish to dry etc) travel to and from it's approx 2.5 hrs I guess.

If she tried to claim 10 hours - they may well look at this ...

To try to put it more relevant to you when UC comes in - It would be like you saying you work 40 hours a week, but can only evidence say 2 clients that week.

They are looking at ways to avoid the loopholes of the likes of ^^^ but not 100% sure how this will work. It's been suggested a NMW will be applied. so if you claim 30 hour TC elelement then if you earn under 30 x 6.00 £180 PPW - it will trigger a detailed assesment - but as I said - not here yet and no case studies to reference from so it's guesswork

kingfisherblue · 24 July 2012 at 8:51PM

Re proving hours - why don't you keep a diary detailing the time taken for each appointment, how long you spent on admin, etc?

Sambucus_Nigra · 25 July 2012 at 10:05AM

If those extra hours take you below national minimum wage then the charity would find themselves in hot water - you are helping them by not working them.

getmore4less · 25 July 2012 at 11:25AM

Bunch of cowboys.

Remind them of their obligation and point out that they can be personaly liable if they make a mess of employment law, including redudancy pay if the charity goes bust.

simplydevine05 · 26 July 2012 at 12:55AM

They are not allowed to make you work for free if it is not in your contract and no it is not worth it if it upsets you. As someone who is self employed and claiming tax credits, I can assure you that you are highly unlikely to have to prove your hours. I have given my predicted self employment income for this year as £5000 and for a first full year of trading that's actually pretty good. I work for the best part of 70 hours per week and the only way I could prove it is by showing them what I have done/sold. Minimum wage doesn't come into it as if you are just starting out, hmrc expect low profit in the first year. That is normal and too many people jump head first into self employment expecting an instant full time income. That would be extremely difficult to achieve.
I say that if you think you can go self employed then do it. Circumstances left me only able to be self employed so I didn't have much choice as I was determined to work but a disability now means I cannot do a normal job. I haven't regretted it though and it is satisfying, if hard work! You will get benefits to keep you going and I presume you have already notified hmrc that you're self employed and are keeping records of income and expenditure for the tax man. Tax credits have flags they look out for to stop people falsely claiming eg if you make a loss two full years running you no longer qualify. I have found them to be extremely helpful while I made the transition from employed to self employed. Good luck x

FrugalLina · 26 July 2012 at 11:15AM

Do they have a grievance procedure? Ask for it and follow it to the letter, the committee have a duty of care to their employees and by allowing bullying to go on, they are in breach of their duties.