Employment Lawyers Can Answer Your Employment Law Questions
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.
Hi there. Are you able to upload a copy of the contract you have downloaded on here?
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:
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.
You are most welcome and all the best
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?
No worries, I will submit a quote, you should get it shortly.
Oh don’t worry at all, it is there for you and you take as long as you need. Thank 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?
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.
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