Employer changing hours??

Lianne656

My sister started work just before christmas. It was just temporary and she was working 20 hours pw. Her contract ended in December but the employer decided to keep her on. She hasn't recieved a new contract and she has just taken a holiday. They have only paid her for 12 hours and are saying that she is on a 12 hour contract (She presumed that she was still on 20 hours) Is there anything she can do about this, as they never informed her? Or does she have no rights because she doesn't have a contract.

They are giving her a contract tomorrow for 12 hours.

Thanks in advance!!

Lorian

Surley she would have been paid for 12 hours pw since January?

Without a contract she doesn't have a lot to help her.

liney

The obvious question is how many hours did she actually work per week since January?

Bettyboop

I would assume if she has worked 20 per week since they took her on then I would say a back payment would be in order.

Tell her to check her payslips thoroughly and if that is the case to take it up with HR ASAP.

Oldernotwiser

liney wrote: »

The obvious question is how many hours did she actually work per week since January?

It doesn't really matter the number of hours she's been working; it's the number of hours on her contract that counts for holidays. Why hasn't she asked for a new contract during the last 3 months?

liney

The point was, if her current contract had ended, and she was only working 12 hours weekly instead if 20, why would she assume she was on a 20 hour contract?

shellsuit

Oldernotwiser wrote: »

It doesn't really matter the number of hours she's been working; it's the number of hours on her contract that counts for holidays. Why hasn't she asked for a new contract during the last 3 months?

If I have a contract for 16 hours a week, but some weeks work 20 hours, when I take a holiday (week off), the employer should work out the average weekly amount of hours worked in the last 3 months and pay holiday pay according to that.

OP, if she was working for 20 hours a week, whether there was a contract or not, when she took her holiday (im assuming it was a week?), then her holiday pay should have been for 20 hours.

Lianne656

Thanks all for your replies!
She has been working 20+ hours a week since January so thats why she assumed she was on a 20 hour contract. I don't know why she hasn't asked for a contract yet!!
So does this mean that they should pay the holiday for 20 hours or can they do what they want, so to speak, as there is no contract in place?

Thanks again x

shellsuit

If she had worked 20 hours per week for the previous 3 months to her taking her holiday, then her holiday pay should have been 20 hours worth.

liney

Holiday is worked on basic pay, so i would suppose if they paid her overtime after 12 hours, those hours would not be taken into account. If they were all paid at standard rate then i think they ought to be included in the workings though as her last contact is still on 20 hours i think that is what should count.

She can call ACAs anon and ask the question. I would.

dawnybabes

I own a business and I pay my staff the average of their previous 12 weeks earnings but my mum works for a supermarket and they get holiday pay/time off as per contract so if she regulary works more hours (which she does at standard rate) she doesn't accrue holiday pay or time for these.

I'd be interested to see what ACAS say