Holiday Pay

Discussion in 'Employment & HR' started by ukman, May 5, 2021.

  1. ukman

    ukman UKBF Newcomer

    15 0
    Had hired someone to work for me. They were on shift pattern working 8 hour days, with 30 minutes non paid lunch break. Then one day was struggling with bills, even helped them by being a guarantor to get a place to rent.

    The staff member suggested if i could give them some more hours the business didnt have the need for it but wanted to get them back on their feet, got them to fill in a working time regulation form as they were prepared to working longer days starting at 8 finishing at 6, extra two hours with a 30 min to one hour lunch break, so would pay them for 9.5 hours a day.

    That helped them tremendously, until they wanted holidays, i was like holidays will have to be paid at your normal 8 hours and not with the extra 2 hours which was done only to help you.

    That was ok, until just recent, started sending me information from ucas that they want paying their holidays at 9.5 hours, the business is now in difficulties due to covid, which could force us to close or reduce staff in office or remotely and they are the only staff left, covid has also proved that the company can be done all online without off or remote worker.

    Am i wrong in thinking that i am busting my ass to keep this staff on, keeping business going and they are trying to find every route to get more money from me. As a director i have not qualified for none of the government scheme, business is just breaking even just to pay bill, can't even draw a salary, they are they only one who have benefited in this rough times we all are in and i am not here feeling sorry for myself but just think i've done all i can do to help but they are doing all to squeeze me and sending stuff from acas.

    Any advice would help.
     
    Posted: May 5, 2021 By: ukman Member since: Dec 15, 2011
    #1
  2. WaveJumper

    WaveJumper UKBF Legend

    2,278 573
    Sometimes thinking you are doing the "right' thing comes back to bite you in the bum. In reality they are just trying to get what they feel entitled too regarding hours worked etc if they were not doing this would you have not considered letting them go.

    How long have they worked for you and what repercussions could there be further up the road as you have stood guarantor for their rent.

    It sounds like at the end of the day you need to re-think the whole business if it's really struggling that much drastic measures for drastic times but take care where staff are involved and make sure you cover all the bases otherwise they will all be heading to acas
     
    Posted: May 5, 2021 By: WaveJumper Member since: Aug 26, 2013
    #2
  3. pentel

    pentel UKBF Enthusiast

    558 99
    Hopefully they are not still at the same property. You are on the hook for as long as they stay there. It looks like there will be a parting of the ways shortly which may result in defaults on rent.
     
    Posted: May 6, 2021 By: pentel Member since: Mar 12, 2011
    #3
  4. Newchodge

    Newchodge UKBF Legend

    16,065 4,535
    As an employer you have certain responsibilities to your employees, one of which is knowing the law (or seeking advice) about employment rights.

    If your employee's contract (they do have a contract, don't they?) states they work 8 hours/day, their holiday entitlement is based on 8 hours/day. However, in calculating the holiday pay you have to pay them the average weekly rate they have received over the last 52 weeks or, if they have worked less than that, over the period they worked. As they have not always worked 9.5 hours the average will be pay for somewhere between 8 and 9.5 hours. This is a statutory right.

    I mention it being a statutory right because it is automatically unfair to dismiss someone for asserting a statutiry right, and they don't need 2 years' service to claim unfair dismissal.

    If the business genuinely has no need for this employee you need to go through a proper redundancy consultation process in order to dismiss them for redundancy. That does not mean they get redundancy pay - that is only required when someone has been there for 2 years or more.
     
    Posted: May 6, 2021 By: Newchodge Member since: Nov 8, 2012
    #4
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  5. WaveJumper

    WaveJumper UKBF Legend

    2,278 573
    Very sound advice from Cyndy (as always) and maybe the person you should be giving a call before you end up on the steps of a tribunal
     
    Posted: May 6, 2021 By: WaveJumper Member since: Aug 26, 2013
    #5
    • Thanks Thanks x 1