Holiday and sick pay on a "minimal hours" hours contract
Discussion
My sister started work at a care home about 6 months ago. Walking distance of her house, and the hours were flexible, so fits in with her kids. She was taken on with an 8 hours a week contract, with the option to do extra hours. All the non-management staff are on similar minimal hours contracts.
2 promotions later, and she was of 2 "lead" workers, so basically a supervisor who runs the place when the management team aren't there. The lead workers are the only ones trained and authorised to issue meds.
Last week, the entire management team left to go and work at another care home (bigger company, so presumably higher pay). The other lead worker left to go to the same place. This leaves my sister as the only lead worker, and with no management at all, just the owner. A new management team is starting next week, and presumably they will hire or promote another lead worker as soon as they are in place.
This means that my sister is now working 6 or 7 13 hour shifts a week, all paid at single time. Since starting at the home she has been working at least 45 hours a week. Nearly all the staff are working 30+ hours a week. They are effectively full time workers, but only contracted to work 1 shift a week. This means that they only get 8 hours pay for each week that they take holiday or go sick.
Doesn't seem fair to me. Is this how it works these days?
2 promotions later, and she was of 2 "lead" workers, so basically a supervisor who runs the place when the management team aren't there. The lead workers are the only ones trained and authorised to issue meds.
Last week, the entire management team left to go and work at another care home (bigger company, so presumably higher pay). The other lead worker left to go to the same place. This leaves my sister as the only lead worker, and with no management at all, just the owner. A new management team is starting next week, and presumably they will hire or promote another lead worker as soon as they are in place.
This means that my sister is now working 6 or 7 13 hour shifts a week, all paid at single time. Since starting at the home she has been working at least 45 hours a week. Nearly all the staff are working 30+ hours a week. They are effectively full time workers, but only contracted to work 1 shift a week. This means that they only get 8 hours pay for each week that they take holiday or go sick.
Doesn't seem fair to me. Is this how it works these days?
clockworks said:
Is this how it works these days?
No.Many Managers will tell you that, but thats not the way it works.
My daughter had a weekend job that was a zero hours contract. She would usually work one day at the weekend and one day after school. She would get additional hours during school holidays.
She was moaning last year that she wouldn't be earning whilst she took a holiday and I asked why not? She told me she didn't get holiday pay as she was on a zero hours contract. I asked her who told her that? Her Manager was the reply.
30 mins later I forwarded her a link from the ACAS website and asked her to forward it to her manager and ask again for the holiday pay she was due. She was paid without question.
You may want to tell her to read up on the ACAS website regarding what she's entitled to.
My mother runs a company that employs alot of people on zero or low hour contracts, that actually do considerably more. As far as im aware, holiday pay is "earned", in that, the more hours you work, the more paid holidays you accrue. They can't employ someone on 8hrs/week, have them work 4hrs, then give them a few days paid leave.
Generally you acquire 1 hour of holiday for every 11 hours worked, pro-rated up or down depending on how many hours you have actually worked.
However, some places will give this to you in money, rather than in actual time, so you don't get paid leave when you aren't on site, but you do get "holiday pay" included in your regular payslips in lieu of this. Check what she is actually being paid for to hopefully better understand it, and hope that the new management team coming in are also aware of her situation etc.
However, some places will give this to you in money, rather than in actual time, so you don't get paid leave when you aren't on site, but you do get "holiday pay" included in your regular payslips in lieu of this. Check what she is actually being paid for to hopefully better understand it, and hope that the new management team coming in are also aware of her situation etc.
She was only getting minimum wage until recently, when they gave her a 50p an hour pay rise. Pathetic really when you consider the responsibility that she has. The staff are planning to talk with the new management team when they start.
An added complication is that the home is in the process of being sold to a bigger company.
An added complication is that the home is in the process of being sold to a bigger company.
clockworks said:
She was only getting minimum wage until recently, when they gave her a 50p an hour pay rise. Pathetic really when you consider the responsibility that she has. The staff are planning to talk with the new management team when they start.
An added complication is that the home is in the process of being sold to a bigger company.
Even at minimum wage she is entitled to Holiday Pay which should be either given to her based on her contract (the rather crappy 8 hours per week thing) if she wants to take leave, or, paid in lieu in addition to her basic money - which IIRC is an extra 1/11th of however many hours she has worked x her pay rateAn added complication is that the home is in the process of being sold to a bigger company.
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