Zero Hours Contract Rights?
Comments
-
I suggest getting some business cards made and spreading them around with the current students.
Not 100% sure about this. This will be against the contract, although it is also pretty normal for teachers to teach a few of the students 1:1 on the sly, business cards might be pushing it a bit. It's not going to do the relationship with the owner any favour if she is found recruiting their students!0 -
You knew that she had zero hours, so that she had no rights to any more hours. You don't necessarily know that she is entitled to sick pay or to pension, and you don't know she hasn't been "paid holiday". So you don't actually know that anything is "challengeable" and neither could anyone here. It's a guess and nothing more. The "right" to sick pay is etc is income related, and you'd already been told that she might have such a claim. Possibly. If she was sick more than three days. If she earned enough.
So no, it wasn't an odd answer. It was the correct answer. Before she goes in demanding things it would be a great idea to check that she is entitled to them and that she hasn't had them- all of which you assume, and we can't assume.0 -
Perhaps if not on NMW her holiday pay has been built into her hourly rate?
Rolled up holiday pay is illegal following a ruling by the ECJ a while ago.
I've been working for agencies for decades and holiday pay for agency/zero hours workers came into force in the late 1990s - I can't recall the exact year but 1997/98 comes to mind.
Every single employee is entitled to the workplace pension if they earn £10,000 a year or more.You don't necessarily know that she is entitled to sick pay or to pension0 -
Let’s clear the air here.You knew that she had zero hours, so that she had no rights to any more hours. (/QUOTE)
Where did I ask or stare she should have rights to more hours?
(QUOTE=sangie595;75023355)You don't necessarily know that she is entitled to sick pay or to pension, and you don't know she hasn't been "paid holiday". So you don't actually know that anything is "challengeable" and neither could anyone here. It's a guess and nothing more.(/QUOTE)
I do actually talk to my daughter and she has always said she doesn’t get paid annual leave or sick pay. The worst she’s guilty of is being remiss in not investigating what if anything she’s entitled to. The "right" to sick pay is etc is income related, and you'd already been told that she might have such a claim(/QUOTE)
Considering yours was the first reply I couldn’t have been told already she might have a claim????
(QUOTE=sangie595;75023355)
So no, it wasn't an odd answer. It was the correct answer. Before she goes in demanding things it would be a great idea to check that she is entitled to them and that she hasn't had them- all of which you assume, and we can't assume.
Demanding?
Her entitlement or not was the advice I was seeking as I know little about these types of contracts. The whole point of these forums is to seek the help of others who know better.
So given that so many people who know better than I do have been generous enough to share advice and their experiences, perhaps it’s best for me to leave yours, so won’t be responding to you further as I’ve no wish to get involved in needless toing and froing.0 -
Rolled up holiday pay is illegal following a ruling by the ECJ a while ago.
No it isn't. It is usually not acceptable, but not always. And it was the EAT, not the ECJ. So without any real information, you cannot assert the employer is acting unlawfully.
I've been working for agencies for decades and holiday pay for agency/zero hours workers came into force in the late 1990s - I can't recall the exact year but 1997/98 comes to mind.
Actually, much earlier. 1992.
Every single employee is entitled to the workplace pension if they earn £10,000 a year or more. Which may or not be the case here - we don't actually know what the annual wage is, but given variable hours it may not reach the threshold for sick pay or for pension.
I have no doubt that this is a poor employer. They usually are. And they often skiry on the edges of the law and are good at it. But we have no information upon which to assert the employer is breaking the law. It would be much preferable to have accrual information - and from the grown up who is actually the employee and directly knows the answers to the questions.0 -
Thank you everyone. I’m on my mobile so will look more carefully at the responses. My daughters coming to mine tonight so hopefully we’ll be able to manage the situation better because of your help so I’m really grateful to you for your time. Will update at some point.0
-
I'll be glad them to leave you to them. Shame so much of your preferable advice is inadequate, misleading or wrong then?Let’s clear the air here.
Demanding?
Her entitlement or not was the advice I was seeking as I know little about these types of contracts. The whole point of these forums is to seek the help of others who know better.
So given that so many people who know better than I do have been generous enough to share advice and their experiences, perhaps it’s best for me to leave yours.0 -
Hopefully she'll bring some payslips. The rolled up holiday pay thing would be OK IF it's shown as a separate item on her payslip, ie two separate payment items.Thank you everyone. I’m on my mobile so will look more carefully at the responses. My daughters coming to mine tonight so hopefully we’ll be able to manage the situation better because of your help so I’m really grateful to you for your time. Will update at some point.
(DH does invigilation for the local Uni and is paid holiday pay on each payslip, but as a separate item.)Signature removed for peace of mind0 -
Ok I’ll try and answer some of the questions here.
As said my daughter works 24hrs a week. She has worked at the school since about Sept 2016. For the past 18 months( the past she’s worked 24 hrs without a change and without a break in those hours except for holidays and maybe a few sick days maximum.
With regard to private tuition of the students who attend the school. She is looking into this but did mention that it is a bit of a no no, so is looking to do some general private tuition and possibly approach some primary and secondary schools with a view to tutoring younger children.
She is aware that doing this job for the long term isn’t really a good choice and is looking to use her skills as a teacher in a different capacity. But obviously this came as a shock yesterday. She’s updating her CV and thinking of more permanent options using the skills she has.
Savvy Sue. There are no separate items on her payslip. She does however pay into a pension. Other than that Tax is deducted along with NAtional Contributions and that’s it.
Her worked hours are shown ie 24hrs and her pay, so no she’s not self employed.
I think that’s all the questions answered. Once again thank you.0 -
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards