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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48174
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We employ a helper weekday evenings to help with our children

Resolved Question:

We employ a helper weekday evenings to help with our children since we have 4 children including two infant twins. We have no contract in place with our helper and pay an hourly wage. She keeps a record of the hours and charges us about weekly.

Do we need to put in contract in place? What implicit obligations do we have eg to pay for holiday periods?
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. How long has she worked there for?
Customer:

She has worked for us around 6 months, and she typically works 5 days a week for 5 hours per day. She occassionally works a weekend day, or additionally during school holidays.

Ben Jones :

Hello, sorry I was not offline this morning when you replied. Her rights would very much depend on whether she was your employee or just someone who worked for you on a self employed basis. This would not necessarily be easy to establish and there is no single test you can use to do this, although the most common factors can be seen here:


 


http://www.hmrc.gov.uk/employment-status/index.htm#1


 


If she is self employed you do not have a legal duty to issue her with a contract but you may wish to do so anyway so that you both know where you stand and what terms apply to the relationship. She will only be entitled to be paid for time worked, at the rate agreed. No paid holidays are allowed.


 


If she was an employee then you have many more liabilities and must issue her with a written statement of employment particulars:


 


https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars


 


She would be entitled to get the Minimum Wage, have a minimum number of paid holidays a year (28 days for someone working 5 days a week), and a number of other rights, which you can refer to here:


 


http://www.adviceguide.org.uk/wales/work_w/work_rights_at_work_e/basic_rights_at_work.htm

Customer:

thanks Ben

Ben Jones :

you are most welcome

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