How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70353
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been employing a care assistant for my mother at home

This answer was rated:

I have been employing a care assistant for my mother at home on a casual basis but now want to give her a contract of employment and have my mother's accountant to arrange for payslips and PAYE. Obviously this is employment that will end suddenly when my mother dies but I would like to do a bit better than a 'zero hours' as she is needed for at least 17 hours per week to assist the live-in carer. I have downloaded and amended a contract from the internet. I have a few Q's. The first concerns holiday pay. What are my obligations? I had a brief career as an hourly-paid carer after I was made redundant from my teaching job. Is it still the case that hourly-paid workers get 1 hours holiday for every hour worked?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 10 days ago.
OK

Hi there. Are you able to upload a copy of the contract you have downloaded on here?

Customer: replied 10 days ago.
I retyped it from screenshots with my own adaptations. Did not want to be pursued by RocketLawyer as well as by JustAnswer!
Customer: replied 10 days ago.
Mother will be 96 in November. She has dementia and various chronic health problems but will probably linger on awhile.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Firstly, it is not the case that hourly paid workers get an hour’s holiday for every hour worked. Holidays are determined by the hours she works but you may not know what the full entitlement for a year is until all hours for the holiday year have been worked so you can determine what the holidays will be based on. You can have an approximate number of holidays agreed with her which she can take over the holiday year and at the end you will either owe her some more or she will owe you instead, if she has taken too many.

You can use a holiday calculator like this one:

https://timetastic.co.uk/holiday-calculator/

As mentioned, you need to know the number of hours worked for a specific period to be able to determine her entitlement but you can input these dates in the calculator and get the entitlement she is due.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
That was a stupid typo on my part. I meant to put 1 hour holiday for every 8 worked. Anyway I can work it out now from your calculator. Thank you.

You are most welcome and all the best

Customer: replied 10 days ago.
How much would you want to check out the whole contract in case I have done something daft, also advise re. my obligations if she is dismissed or made redundant.

Hi, I would be more than happy to look at the contract but before I can quote on fees, please let me know if it is just the 3 page document you uploaded previously?

Customer: replied 10 days ago.
it is.

No worries, I will submit a quote, you should get it shortly.

Customer: replied 8 days ago.
I am not ignoring your quote. I am awaiting some feedback from Sophie and the live-in career which manages her day-to-day.

Oh don’t worry at all, it is there for you and you take as long as you need. Thank you.

Customer: replied 5 days ago.
Hello Ben. I have now accepted your offer. I tried out the holiday calculator and find it is slightly more generous than one hour for every 8 worked so I was underpaid in that employment! Please can you suggest suitable new wording for the holiday bit. Clause 7 needs changing as I shall be paying Sophie weekly at first. Look forward to hearing from you.

Hi there, thank you very much for getting back to me. So just before I get on with this work, can you please clarify exactly what you wanted to know about the contract in question?

Customer: replied 4 days ago.
Any obvious omissions? Anything incorrect or unwise? I am sending you a revised copy in which I have amended the holiday clause 10 in line with your advice so far. Is Sophie entitled to holiday pay from the outset or must she work a minimum period. What about redundancy when my mother dies? Is it true she would have to work 2 years before being entitled (I would try to give her something anyway but I want to know what my obligations are) ?

Thank you very much for clarifying. My comments are below:

Clause 8 – try and be a bit more specific with what deductions can be made as that will make it easier to enforce such a clause

Clause 10 – I would remove the link and just state she gets the statutory holiday entitlement she is entitled to, based on the hours she works. Also mention what the usual situation with bank holidays is and whether she gets them off or if she can be expected to work them.

You should have a clause dealing with the notice period required by you and her in the evet of termination of the contract. You can just say it is the statutory notice period but still best to define that

These cover the statutory requirements expected of you and anything else would be up to you and whether you wish to introduce additional clauses in this employment relationship.

I very much hope that your further queries have been answered to your satisfaction and please do not hesitate to get back to me if you need further clarification.

Customer: replied 4 days ago.
Thank you. That is all most helpful. There are 3 questions in the email that I sent this morning that are still unanswered viz. Is Sophie eligible for holiday pay from Day 1? What IS the statutory notice period? And the statutory entitlement to redundancy pay?

Hi, I am sorry I must have missed them and gone straight to looking at the contract. In answer to your questions:

Yes she would have been eligible for holiday pay from day

The statutory notice period is 1 week until someone is about to reach 2 years continuous service and once they have 2 years, it is an extra week for each fukll year of service up to a maximum of 12 weeks (e.g. 5 years service = 5 weeks notice but 15 years service = 12 weeks notice)

Redundancy pay is only payable once someone has 2 years continuoius service. The exact amount due can be calculated here: https://www.gov.uk/calculate-your-redundancy-pay