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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Sir Or Madam, I have been a

Customer Question

Dear Sir Or Madam,
I have been a private carer looking after Alzheimer's /Dimentia Parkinson's/drop head syndrome for 6 years, I worked for an agency prior to this for 8 years have an NVQ. 2 and lots of certificates ascertaining for the work I do.
I have always taken on the private positions using the same terms and conditions that were laid down when I worked for the agency . IE. My wage, double time if working on public holidays, 2 hours off everyday, and a full day off every week if the client is not able to be left on there own it is up to the family to. Arrange for care to come in to relieve the full time care to have her time off either, her 2hours or her day off (which she is paid for) If it is not suitable to relieve the carer on her 1 day off she can accumulate and take 4days off at the end of the month and as she has worked her date prior to this the 4day are with pay. She can please where she want to go in her time off.


. This is for a full time live in carer, that entails starting at 8am washing, dressing, feeding, cleaning, cooking ,taking the client out do do the shopping, dentist, visiting there friends attending to all personal needs and only going to bed when the client decides this can be as late as 12pm then having to get up during the night if I am needed to help the client in or out of bed. Some time this can be once or twice in the night

This has never been an issue, all my clients have been happy with those terms, Until now,
I have had to fight for my two hours off they have now conceded to that,
As far as the day off they will let me have the 4 days or even accumulate to 8 that means I get off every 2 months, and because they have to bring in an other carer, they have decided to deduct half my daily rate to compensate towards this carer. So I am working the hours I should be off, and when I take then I am charged.

My question is can they do this considering the hours I work???
Submitted: 3 years ago.
Category: 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. Who is making these decisions - is it the agency or the employer (the person you are looking after)?

Customer: Hi Ben thank you for replying to my request
Customer: It is the niece that I had the interview with, she interviewed me on behalf of her aunt.
Customer: Sorry Ben I am not sure at what I do next
Ben Jones :

Have you started this job and i so - when?

Customer: i started this job last November during the interview she told me she was not happy to pay me and another carer,I said at the time I was not happy ,but, as usual they were desperate and I have never had to apply for work, it has always been word of mouth, I said that I would give it a try but if I felt at a later date I was not happy I wanted it revised.
Ben Jones :

Have you checked your contract with her to see if it says anything about this?

Customer: Started last November
Customer: Sorry Ben I have to go back to work I will check later to see if you can help me out.
Ben Jones :

ok if you can let me know on the terms of the contract then I can continue with this, thanks

Customer: Ok, first of all, it was my daughter who recommended me for this position,and stupidly because she was a friend, it was a verbal
Ben Jones :

ok, I think I need some more info, can you please follow this link and after answering the questions let me know if you think you belong in the fist group or the second group (employee or self employed)

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

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi Ben I have just had a serious meeting with my employer, and they have agreed to all my request. the. After if finished.

thank you for all your help
Expert:  Ben Jones replied 3 years ago.
Glad to hear it and thank for following up on this. All the best