Recent content by mariefab

  1. M

    Taking a colleague to a meeting

    I can't posts links, but google Employment Relations Act 1999 and see section 10 to find the legislation confirming sjbeale's advice.
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    Maternity Pay questions

    Employer helpbook for statutory maternity pay. Google ^, it'll be the first item on the list.
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    Part year holiday entitlement help

    Your employer is wrong and you are right. Regardless of what it says in your contract, the statutory minimum paid holiday entitlement in the UK is 5.6 weeks (28 days for someone working 5 days a week). Bank holidays can be included in this 28 day entitlement as your contract confirms is the...
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    Notice

    It isn't an SSP issue. 1st sentence is the effect of section 88 of the Employment rights Act 1996. 2nd sentence relates to 87(4) of the same Act.
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    Notice

    If an employee is absent because of sickness during their notice period they are entitled to be paid as if they worked their normal hours during that period. Except when the contract of employment states that the notice period required to be given by the employer is at least a week more than...
  6. M

    Minimum Wage / Overtime

    I would expect the EAT and people like yourself who are familiar with statutes to find them clear. But to laypersons the language can appear so dense as to be incomprehensible. I mean, it doesn't simply say, 'Don't use the overtime premium in the calculation.' does it? Although that's exactly...
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    Minimum Wage / Overtime

    Overtime premiums cannot be included in the calculation of the NMW. HMRC is responsible for enforcing the NMW. Abandon hope now of finding 'clear' legislation, but FWIW, if you google National mimimum wage Act it'll be the first item on the list. Then google National minimum wage calculator...
  8. M

    contracted hours

    It's very unlikely that a Tribunal would consider that a change in working hours for 13 weeks constitutes an implied variation of contract. For 'custom and practice' to kick in the duration would probably need to be years.
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    Guaranteed overtime pay on holiday

    If you will be working 4 days every week 26.4 days holiday entitlement is correct. (However, if you will be working 4 on 4 off you will be entitled to 23.1 days holiday because you will working 3.5 days per week.) If your normal working week will be 4 days X 12 hours; then (regardless of the...
  10. M

    Employee leaving but taken more that pro-rated holiday allowance

    I'm afraid that your failure to issue a contract of employment/statement of particulars means that you cannot make a deduction from your employee's wages for overtaken holidays.
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    how do i prove my innocents?

    There was a case, years ago, where it was suggested that unscrupulous employers might seek to manipulate contracted hours in order to avoid paying the correct amount of holiday pay. The Court pretty much scoffed at the idea that they would do such a thing.
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    how do i prove my innocents?

    Dani You could phone HR, first thing in the morning, and say that you are unable to attend the disciplinary because you don't drive and can't afford the costs of public transport to a meeting 100 miles away. If they haven't provided you with copies of the evidence they intend to use at the...
  13. M

    Discrimination?

    I'm afraid that you would be wasting your time and money persuing a discrimination claim. These events took place last year. An employment tribunal claim needs to be initiated within 3 months of the act complained of; so you are at least 8 months too late. In order for there to be...
  14. M

    Thieving Employee

    How long has this employee worked for you? If it's less than 51 weeks you could simply dismiss her with a week's notice.
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    When exactly are "bank holidays"?

    Good Friday and Christmas Day were already common-law public holidays, or days of rest, before the introduction of Bank holidays.
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