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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47349
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, I have worked as a housekeeper for the past

Resolved Question:

Good afternoon,
I have worked as a housekeeper for the past year earning a monthly set wage, with holiday,bank holiday and sickness pay..working 36hours per week.
Today my employer has asked me to now work for an hourly rate working similar hours..
What exactly is the difference? Would I still be entitled to holiday and sickness pay and of course Bank holidays too?
Many thanks for your help.
Carole Tweedie
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Do you have a written contract at oresent?

Ben Jones :

present?

Customer: I do have a written contract, but not at hand at present.
Ben Jones :

not to worry, let me just get my response ready please

Customer: Hi Ben I have just found my contract!
Customer: Yes I have found my contract
Ben Jones :

Whether you get paid a salary or an hourly rate would not really affect your legal rights and you only have to watch out for the hours you actually work. Obviously on a salary you are guaranteed the pay, whether you work the contracted hours or not but if you are on an hourly pay then you only get paid for the hours you work. So as long as your contracted hours do not change and you have a guaranteed number of hours a week, then you should be guaranteed the pay for these hours too. You need to make the necessary calculations to ensure that what you get paid if you accept the changes is still something you are happy with.


 


Even if you get paid hourly you will still get holiday, sick pay, and the rest but the only issue then is again going to be what hours you are actually doing because if you do not do set hours, your holiday pay would be calculated based on your average over the past 12 weeks and that could mean it is reduced if your hours are also reduced. So ensure you have guaranteed hours that will not change before accepting any changes to the way you get paid.

Customer: I have my contract with me now
Ben Jones :

ok you have set hours in there?

Customer: It states that given the nature of the work hours will vary according to the specific needs of the family
Ben Jones :

ok so no guaranteed hours and this is the risk with going on hourly rate - you will potentially lose out because you will only get paid for the hours you work rather than a set salary

Customer: I understand, but my holiday,pay bank holiday pay and sickness pay should all remain intact, right?
Ben Jones :

you will still get paid for these but the amount could reduce as it would depend on the average pay you have received over the previous 12 weeks so if your hours are reduced then your pay will be reduced too

Customer: Right, got it! Thanks Ben
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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