statutory holiday pay

tigtag02

dandare wrote: »

oh i see i got it muddled up i thought ssp was paid to you by the government if you earn less than the £80 or so per week, as she earns more that would exclude her but it should then be the responsability of her employer. and is it her normal daily rate?

Hi dandare

The £84 (or thereabouts) is the Lower Earnings Limit (LEL) and relates to NI contributuions. Basically you are only entitled to SSP if you have hit the LEL (average) in the 8 weeks prior to your sickness.

The SSP rate is about £72 per week (was £70.05 last tax year and usually goes up a couple of £'s) to work out her daily rate you need to divide the weekly figure by the number of days she is contracted to work.

I am with the other posters though by being a little concerened that her employer is not paying her tax and NI contributions!! Was she employed on a PAYE basis or as self employed? If it was PAYE then her employer should be making and paying these contributions!!

HTH
tigtag

PS: Sorry for not have the exact figures - I have not yet been into work this tax year so stil have the old figures etched on my brain

jobbingmusician

Just to clarify - does her 20 days' leave include bank holidays (which wouldn't surprise me) or are BH on top?

If you don't know, it is likely that the BH are included. In which case you need to do a new set of sums to work out how much holiday she will have taken INCLUDING BH by the time she leaves.....

dandare

as far as i'm aware bank holidays are not include in stat. holiday pay?!
ye it's a muddy mess, seems they may have been putting her through the books but as p/t!!! which i guess they'd say gives her a few quid more but i imagine benefits them alot more, especially with hols/sick pay. she's going to see them after her op and hopefully sort the matter out. she has been good friends with them so hopefully it can be sorted out amicabley but if there is a short fall in her contributions, thats just not cricket( well it could be these days). she works her socks off for them running the shop herself when they decide to go off!! GRRRRRR
thanks for all the advice.

jobbingmusician

dandare wrote: »

as far as i'm aware bank holidays are not include in stat. holiday pay?!

I'm afraid they are. The ACAS site referenced above is quite clear that there is no statutory right to be paid for bank hols, so if you don't work on them and get paid for them, they are included in the statutory 20 days unless there is a contract or some other document that says otherwise.

dandare wrote: »

ye it's a muddy mess, seems they may have been putting her through the books but as p/t!!! which i guess they'd say gives her a few quid more but i imagine benefits them alot more, especially with hols/sick pay. she's going to see them after her op and hopefully sort the matter out.

Just to clarify - it is illegal to treat part timers differently from full timers, so any benefits at all she gets should not be affected by whether she was part time - everything should be pro rata for the hours she worked. Hope this helps!

derrick

jobbingmusician wrote: »

Just to clarify - it is illegal to treat part timers differently from full timers, so any benefits at all she gets should not be affected by whether she was part time - everything should be pro rata for the hours she worked. Hope this helps!

You are correct, from the link in my post above:-


"How is a part-time worker's holiday entitlement calculated?
Part-time workers are entitled to the same holidays as full time workers, calculated on a pro-rata basis. For example, an employee who works three days a week is entitled to twelve days paid holiday - their normal working week multiplied by four."

dandare

sorry, i worded it the wrong way about bank holidays, i agree.

i thought that p/t staff must be treated the same but she has been working f/t and if they put her through as p/t but still working a 5 day week i imagine that would entitle her to the same hols as f/t at 5 days per week?

sorry the info is a bit sketchy, she doesn't really bother too much about these things, she may now, she does her work, gets paid, happy days.

i'm just getting some facts down for her so she knows what she is entitled to when she goes to have a chat with them.

Savvy_Sue

What I'm wondering is whether they're treating her as 'freelance' or self-employed, although it's not actually their decision to do this, it's down to HMRC.

But if they're not making deductions for tax and NI (have you checked that yet?) then that may be what they're doing. In which case they might argue that she's not entitled to SSP or paid leave. Is that a possibility? If it is, then HMRC might be down on them if they decide she should have been an employee.

What do you mean when you say they've put her through as p/t?