Clean It Up
UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: dudek on June 09, 2009, 09:01:53 am
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Hi all,
Well i have got two lads working for me and just had one of them give me a weeks notice for a holiday he wants to go on next monday the 15th.
I pulled him in and told him he can have it but common courtesy would have said give a bit more notice than that, he shrugged his shoulders.
We currently have 3 weeks and 2 days work on a 4 week cycle, he says that he is entitled to 4 weeks pay even though i dont physically have the work.
I have offered both lads out to canvass during these dead days but they both seem unintrested even though the offer is always there .
They dont have contracts either, so what should my next move be as i have sent him home.
Oh the lad in question is my brother.
One more thing, when you employ family things can get a whole lot more complicated unless you get along very well.
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Hi all,
Well i have got two lads working for me and just had one of them give me a weeks notice for a holiday he wants to go on next monday the 15th.
I pulled him in and told him he can have it but common courtesy would have said give a bit more notice than that, he shrugged his shoulders.
We currently have 3 weeks and 2 days work on a 4 week cycle, he says that he is entitled to 4 weeks pay even though i dont physically have the work.
I have offered both lads out to canvass during these dead days but they both seem unintrested even though the offer is always there .
They dont have contracts either, so what should my next move be as i have sent him home.
Oh the lad in question is my brother.
One more thing, when you employ family things can get a whole lot more complicated unless you get along very well.
Depends on how and what you pay him, if you pay him a set wage then he is intitled to it, how long has he been working ?
and can he be replaced ?
if they are on a work and pay wage, then they dont work they dont get paid, there holiday is worked out on how many hours they work, my guy trying pulling me on this one and shot himself in the foot, at least a month notice for holiday and if the work shedule does not suit he does not have that holiday
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you have to pay 5.8 weeks holiday pay,
You work out the average of the last 12 weeks and thats the figure you pay.
If they averaged £300 a week, then you have to pay them £300
So in 1 year that is £1740 and dont forget you have to pay NI on top of that
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You also have to give them a contract of employment. You can write it yourself or there are various places you can download one
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get rid of him now he's gonna cause problems mate
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Do you employ him as Self employed or PAYE as there's fifferent rule for both.
Matt
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I meant different rules for PAYE and Self Employed
Matt
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Employing as 'self employed' is a minefield - unless you know what you are doing the HMRC will re-define your 'self employed's' as employed and suddenly you find yourself liable for all the back tax and NI as well as employers NI and liability insurance.
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I am happy to pay him the holiday pay he is entitled to but the issue was with the amount of notice he gave me for his holiday.
We pay him paye on a weekly basis soon to be changing to monthly.
He claims that he is entitled to pay for all of those days i never had work for him, back dated.
We havent sorted a contract but will be dealing with this one pronto.
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Dudek,
Before you do anything please take advice asap, I dont know your personal situation, neither does anyone else on the forum, but please be aware that if you have employed anyone including your brother for more than 13 weeks without a contract of employment you have already broken the law!
If your employee starts to push this, you have already lost!
Regards,
Rob
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Rob thanks for your advice mate will get on this one asap
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Just because he is your brother is no reason to treat him any differently, set out the terms and conditions of his employment in his contract and stick to them.
I employ on a casual basis, no work no pay, cant work cant pay, holiday pay is paid weekly in their pay packet with time off by agreement. I close the business for 1 week in august and also 1 week after xmas which are compulsory hols after that I let them go whenever I am asked if possible. I do ask that they give as much notice as possible but if I can get by without them at short notice I will.
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Dudek look into the pay for no work law, I am pretty sure if you employ him on a full time basis and you dont have work for him you have to pay him for at least 4 hours per day he hasnt worked.
I maybe wrong but that's what the law was 12 years ago when I was working in a factory.
Matt
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only need 2 give a days notice 4 each day u wish 2 take off. so 7 days off would be 7 days notice.unless hes signed a contract of employment stating otherwise.as stted earlier if hes ben working 4 you for 13 weeks or more he should have a contract of employment to comply wiv employment laws.
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and then when you get it sorted out and do make him a contrct try and making canvassing a part of the contract, if your gonna have to pay him anyway keep him busy filling those gaps for you!
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There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:
you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
you start building up holiday as soon as you start work ,eg 5.6 weeks divided by 12 months = 2.33 days a month for the first year then 2nd year you are entitled the whole amount from the start of the year ,but if they leave you work out 5.6 divided by 12 then if they have had more than the amount they owe you
your employer can control when you take your holiday
you get paid your normal pay for your holiday
when you finish a job, you get paid for any holiday you have not taken
bank and public holidays can be included in your minimum entitlement
So if your worker works 3.2 weeks work in 4 weeks that works out at 28 days / 52 weeks =0.538462
12 months /4 weeks =13 so times that with the 3.2 weeks work you do in 4 weeks =41.6 days times 0.538462=22.4 days holiday a year and by the way a verble contract stands as good as a written one ,so if the verble one stated that the worker only works 3.2 weeks out of 4 weeks thats what he gets paid for and you should be able to put this in a written contract.
The only way he can get pay for the days he dont work is if he worked eg a 40 hour week and then you dont have work for him ,he can claim for the days he dont have work .But if stated in a contract that from time to time work will be short he can not claim hope this helps
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could you do like a banked hour system as a lot of warehouses do .
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I use Hilary Rose Personnel who look after all my legal requirements including drawing up contracts of employment, grievence procedures and health & safety policys.
She will work all over the UK, if I was you I would give her a call 0121 447 7947 say that I recommended her.
William
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If you want some practical advice contact gaye@hrpracticalsolutions.co.uk
She is an HR goddess and will be able to help out with contracts of employment, entitlement to holidays, number of days- there are both Bank Holidays and accrued holidays etc etc.