Can't work ex partner tested positive.

Coffeekup

My ex partner tested positive the other day, so the days she was going to have our daughter she can't because of isolating.
I have no one else to look after her at this time, so I called work and said I can't come in because of the above situation (loosing 15 hours over 3 day's) The store manager said ok and scrubbed my hours and gave them to other staff. He also said he cant pay me holiday pay as he doesn't have the budget to do so.

I'm on a 4 hour contract but tend to get 8-12 hours most week's. Money is tight at the best of times even though I have universal credit, DLA and CA as I'm the main carer for our disabled daughter. 

With rules and regulations changing so much these days I have no real idea what's right or wrong...
Not giving me holiday pay can he do this? I phoned payroll dept and they couldn't help me.
If I can get holiday pay will it be an average of what I worked last 6 month's? Or will it be 4 hour's pay?
The company doesn't pay sick pay so will I be able to claim something like statutory sick pay?

Any help would be appreciated.

MattMattMattUK

Coffeekup said:

Not giving me holiday pay can he do this? 

If you have accrued holiday you could ask them to pay this, but it would be at their discretion.

Coffeekup said:

I phoned payroll dept and they couldn't help me.

What did you ask them?

Coffeekup said:

If I can get holiday pay will it be an average of what I worked last 6 month's? Or will it be 4 hour's pay?

That would depend on your contract, as well as what might be approved, do you have a copy of it you can check? What has happened previously when you have booked holiday?

Coffeekup said:

The company doesn't pay sick pay so will I be able to claim something like statutory sick pay?

You can not claim SSP, it is paid by the company, do you meet the requirements?

To qualify for Statutory Sick Pay (SSP) you must:

• be classed as an employee and have done some work for your employer

• earn an average of at least £120 per week

• have been ill, self-isolating or ‘shielding’ for at least 4 days in a row (including non-working days)

https://www.gov.uk/statutory-sick-pay

Coffeekup said:

I'm on a 4 hour contract but tend to get 8-12 hours most week's. Money is tight at the best of times even though I have universal credit, DLA and CA as I'm the main carer for our disabled daughter. 

It would be worth checking if you are in receipt of all you are entitled to, you may be not be claiming some of the benefits you are able to claim. What is your arrangement in terms of days with your ex-partner, are you the majority carer or is the childcare on a 50/50 basis. If you have your child five out of seven days for example you would be entitled to support from your child's other parent. Also when you update your earnings in your UC journal you might find your benefits increase (temporally). 
https://www.entitledto.co.uk/
https://www.gov.uk/calculate-child-maintenance

Your local council may also have a hardship fund, it would be worth investigating if they are able to make a payment in this instance. 

Coffeekup

Thanks for the quick reply Matt.
I've worked with the company 5 year's, so I have accrued holiday. The current manager has only been with the company 2 week's, and is early to mid twenties so I'm guessing he doesn't know the rules to everything.

I asked payroll if I'd be entitled to holiday pay because of my situation.

I can lo longer find my contract of employment, I've never had a staff handbook or seen one come to think of it. Normally I'd get 4 hour's pay for that week if I took a holiday. However everyone trying throw advice at me they say that's wrong and should be taken as an average of last 12 weeks, some say longer. I looked at the government website for an answer, but came off worse than when I went in.

Looks like I don't qualify for SSP... Thx for answer.

As ex partner she will have our daughter 2-3 days a week, depending her work. Checking the links I already claim everything I can claim for, UC/DLA/CA and child benefit with a 1 person discount for council tax.

MattMattMattUK

Coffeekup said:

I've worked with the company 5 year's, so I have accrued holiday. The current manager has only been with the company 2 week's, and is early to mid twenties so I'm guessing he doesn't know the rules to everything.

Hey may not, he might have been thrown in a little at the deep end with all that is going on.

Coffeekup said:

I asked payroll if I'd be entitled to holiday pay because of my situation.

I can lo longer find my contract of employment, I've never had a staff handbook or seen one come to think of it. Normally I'd get 4 hour's pay for that week if I took a holiday. However everyone trying throw advice at me they say that's wrong and should be taken as an average of last 12 weeks, some say longer.

As far as I am aware it is not as simple as that, but I think it should be based on the average, there are others on here who have more knowledge of that part of the law than I do so I will leave it for them to advise. You do have the issue that work need to approve the holiday as well though.

Coffeekup said:

As ex partner she will have our daughter 2-3 days a week, depending her work. Checking the links I already claim everything I can claim for, UC/DLA/CA and child benefit with a 1 person discount for council tax.

Do you have an arrangement for child maintenance, if you are looking after your child for 4-5 nights a week and she is looking after your child for 2-3 nights a week then you should be entitled to maintenance from her. Remember that your UC will fluctuate slightly based on your earnings as you record them in your journal, so it might go up a bit if your earnings go down, although it will not cover all the drop in income.

Would it be worth seeing if you can make up some of the hours once your ex is no longer isolating, possibly being able to get an extra shift or two in to recover some of the lost hours?

You should also investigate your local council's discretionary fund, they may be able to offer you some assistance. 

unholyangel

The holiday pay is indeed a little more complex than you've said. Ultimately your holiday entitlement is to pay. 

Some casual or zero hour contracts would use the average method. Fixed hours normally doesn't use averaging. However, there have been EU court rulings and EAT rulings that regular overtime needs to be included, at least for 4 weeks annual leave. The reason it's at least 4 is the EU legislation is based on 4. There's some opinion the UK courts would apply the same ruling to the 1.6 weeks but until a court with some clout actually makes a ruling, it can't be guaranteed one way or another. 

Don't quote me on this, but I believe the EU judgement said something like any overtime that wasn't exceptional or a one off, should be included in holiday pay. 

silvercar

If your daughter has been in contact with your ex-partner within 48 hours of your ex getting symptoms (or testing positive if no symptoms), then your daughter also needs to isolate.

Jeremy535897

If you calculate holiday pay based on the average method, it is based on the average of the previous 52 weeks' pay, excluding any unpaid weeks (you substitute earlier weeks for unpaid weeks, up to a maximum of 104 weeks). The 12 week rule was replaced by this rule from 6 April 2020. See:
https://www.gov.uk/government/publications/calculating-holiday-pay-for-workers-without-fixed-hours-or-pay/calculating-holiday-pay-for-workers-without-fixed-hours-or-pay--2

Coffeekup

silvercar said:

If your daughter has been in contact with your ex-partner within 48 hours of your ex getting symptoms (or testing positive if no symptoms), then your daughter also needs to isolate.

Yes im aware, she didnt see her for 11 day's when the results came in.

Coffeekup

The way I see it is i have 2 options roll over and take the hit, or escalate this to the area manager. But in doing the latter will cause relationship issue's with the new manager in the future.

The reason I'm tempted to take this further (which i didnt say in my original post) is..... I was rota'd in for 2 shifts next week Mon/Tuesday (8:30-14:30). My ex was supposed to have her these day's (but she'll still be in the isolation period). I said to the manager i couldnt get there at 8:30 in the morning, as i will be taking my daughter to school, however i could get there at 9:15 (after dropping her off). But he has cancelled both my shifts and said there is no holiday for me next week either, loosing out on even more pay. This is basically wiping out 50% of my monthly take home pay, when at the best of times it's £400.

I'm guessing he is trying to make an example of me or bullying me for whatever reason, or this kind of thing was accepted in his previous employment.

So opionions please ...... do i or don't i?

68ComebackSpecial

Your employer doesn't have to agree to your request to take holiday next week. They also don't have to agree to start your shift at a time convenient to you if they require you to be there at a given time. I wouldn't agree that your manager's behaviour is in any way bullying, he is simply doing his job - he needs staff to man the store and if you can't work the hours you have been allocated then he will have to find someone else to cover that shift.