can employers specify when parts of holiday entitlement can be taken?

getmore4less

nannytone wrote: »

i totally understand.
i just don't like Tom saying that I'm abusing the system and assuming that i haven't already tried to get some clarification from the social worker/council

i may technically be an employer, but i nam certainly not running a business and have no more of an idea about the legalities involved than the average person

As an employer you have a responsibility to learn, it takes time and you have had quite while.

I don't know the ins/out of the funding legislation(I don't fancy learning it either) and how you can allocate that funding but I suspect there are boundaries and 51 days holiday pay pushes those.

You can probably work it so your funding and your self funding covers this within the legislation the real issue is they currently get far too much holiday no matter how you cut it.

getmore4less

While dealing with holidays surprise the payroll company have not said something as this needs documenting on the payslips.

How are you managing expenses?

lonestarfan

getmore4less wrote: »

While dealing with holidays surprise the payroll company have not said something as this needs documenting on the payslips.

How are you managing expenses?

No it doesn't.
The employer will use an annual leave card or a spreadsheet. The employee will be paid for 22 hrs pw every week. The payslip will not break down working time and annual leave.
She's not on a casual contract or a zero hours contract or a supply contract where our payroll dept sometimes have to pay holiday pay.
The SW won't always know. I transfer queries everyday from employees, and managers who need help in calculating leave in hours. It's is always a learning curve for department managers. The SW will need to speak to payroll or HR and get info for you nanny if you have questions.

missbiggles1

nannytone wrote: »

i doubt very much that i would find a 'stranger' who is able and willing to provide what my PA does.

Particularly in an area with high unemployment, I doubt you'd have any problem finding dozens of people willing to take you to the gym and run your bath for £10 per hour and 51 days' holiday!

lonestarfan

missbiggles1 wrote: »

Particularly in an area with high unemployment, I doubt you'd have any problem finding dozens of people willing to take you to the gym and run your bath for £10 per hour and 51 weeks' holiday!

51 days not 51 weeks. The OP is trying to sort this out now she has identified it's an issue.

missbiggles1

lonestarfan wrote: »

51 days not 51 weeks. The OP is trying to sort this out now she has identified it's an issue.

Now that would really be a good job - thanks for the correction!

nannytone_2

getmore4less wrote: »

While dealing with holidays surprise the payroll company have not said something as this needs documenting on the payslips.

How are you managing expenses?

what do you mean by expenses?
the only expenses i pay are the payroll fees, the managed account fees and insurance.
all these are paid from the managed account ( i have no access to it at all)

my ssocial worker told me to put the PA's holidays as 'holiday' on the time sheet, but just to complete the timesheet as normal when i am away.
the payroll company don't question anything as they manage the account on my behalf and not on the councils

nannytone_2

missbiggles1 wrote: »

Particularly in an area with high unemployment, I doubt you'd have any problem finding dozens of people willing to take you to the gym and run your bath for £10 per hour and 51 days' holiday!

youre so very funny and clever aren't you?
there is an awful lot more involved. helping manage my finances... knowing all my banking details including PIN numbers.
not something that could be trusted to a stranger.
my PA is also a qualified outdoor sports coach, which fits in with my life perfectly.
it enable me to keep up with my usual activities and lead a full life ( exactly what the funding is meant for)
yes, she is paid well... but that is what the funding is for after all. i don't set the levels... the social worker and the council do.

duchy

I do think you need to take on board that as you are the employer -you need to be very clear what your legal responsibilities are . The fact your local council hasn't appraised you of them in detail is undesirable but ultimately if things go wrong and you were prosecuted or their was an investigation into whether the direct payments were mis-used (pay given for hours not worked) then the buck would stop with you.


Your PA works 22 hours a week so needs a calculation that converts her paid holiday over the year into hours too so it is clear to both of you what is paid holiday and what isn't.

You do need to talk to her as you are changing how things are done -so she can work out how best to manage her holidays in the coming year. It would also be a good time to make clear that she doesn't tell you when she's taking holiday - she needs to ask and get it agreed first before presenting you with a fait accomplice. Not only is it the way employment works but it is also good manners.


It's a tricky situation as she's got used to a generous holiday system and not doubt won't be pleased you've moved the goalposts even though the "old way" was due to you misunderstanding how it works.
Although she's an employee she's also a family friend (or her mother is) and obviously you don't want that side affected with bad feeling .
Maybe tell her that your direct funding will be at risk because you were "doing it wrong" and that is why things need to change ?

nannytone_2

someone suggested that i say that the LA is changing the way they want records keeping, and it seems like a good way to prevent any bad feeling.
thanks all for your comments