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gary evans

  • Posts: 1242
xmas holiday pay
« on: October 11, 2006, 09:00:19 pm »
Hi All

Just a quick one about holidays.

1 x employee works part-time weds-fri per week gets pro-rata holidays i.e. 12 days + bank holidays when they fall on fridays.

Xmas day monday
Boxing day tuesday

New Years day monday

In his terms none apply, i feel he should some but not all at the end of the day we only make a small profit from him after everthing else considered, hols, sick , maternity leave & bad weather.

What do you think but, only serious answers please.

Gary

AuRavelling79

  • Posts: 25119
Re: xmas holiday pay
« Reply #1 on: October 11, 2006, 09:14:02 pm »
Would I be right in saying that if he was full time then he would get 20 days plus all bank holidays?

If so then why not give him pro-rata the bank holidays which are seven I think. So three-fifths of seven is between four and five days per year. (4.2 days to be exact)

(The only regular Friday holiday is Good Friday and when ever Xmas/New Year falls on it, so he'll never get Easter Monday, the two in May and the one in August will he? So even in a year when Xmas, Boxing day and New Year are on a Weds/Thurs/Fri) he'll only get 4 days.

So you can afford to be generous this year - go on you know you want to!
It's a game of three halves!

Johnboyfree

  • Posts: 161
Re: xmas holiday pay
« Reply #2 on: October 11, 2006, 09:14:39 pm »
If I was You I would seek legal advice,a Barrister or a very good Solicitor,if you cant afford these try the CAB,the penalties for getting it wrong could well be severe,sorry to put a damper on it,advice is fine untill it comes to the Law,then only Facts will do......

Extremeclean

  • Posts: 173
Re: xmas holiday pay
« Reply #3 on: October 11, 2006, 09:19:49 pm »
None of these days apply to the ones that he works for you so they shoudn't count as holidays.

I employ a few people myself and have done so for many years. If he is a good employee he is worth looking after. Yes you do make a small profit out of each employee if they are good ones. That can all too easily turn into a loss with demotivated staff. My instinct is to say that you agree with him taking into consideration his performance if it is good. That way you will gain because he will feel appreciated and you will gain his respect. This way you will turn it into a win win situation and all will enjoy a Happy Xmas.  Bahhh  Humbug!!!!

Yours sincerely

Ebenezer Scrooge  ;D

AuRavelling79

  • Posts: 25119
Re: xmas holiday pay
« Reply #4 on: October 11, 2006, 09:20:27 pm »
If I was You I would seek legal advice,a Barrister or a very good Solicitor,if you cant afford these try the CAB,the penalties for getting it wrong could well be severe,sorry to put a damper on it,advice is fine untill it comes to the Law,then only Facts will do......

Citizens Advice Bureau - maybe, or search on-line perhaps. But - Kavanagh QC? What are you on? This is about the number of bank hols he pays for not a blue asbestos claim! ;D
It's a game of three halves!

sunshine windows

  • Posts: 2361
Re: xmas holiday pay
« Reply #5 on: October 11, 2006, 11:38:02 pm »
Quote
  In his terms none apply, i feel he should some but not all at the end of the day we only make a small profit from him after everthing else considered, hols, sick , maternity leave & bad weather.
   

I'd be very concerned if he was claiming Maternity leave.  :D

Lance
To climb mount fuji you must first find a path
(Swindon, Wiltshire)

www.sunshinewindowcleaning.co.uk
www.sunshinesoftwashing.co.uk

david-maunder

  • Posts: 70
Re: xmas holiday pay
« Reply #6 on: October 11, 2006, 11:54:47 pm »
do you pay him if its raining hard all day ,so he is rained off ?

just asking.....

gary evans

  • Posts: 1242
Re: xmas holiday pay
« Reply #7 on: October 12, 2006, 05:28:54 am »
Hi all

Thanks for the advice

They get paid what ever is or isnt done, but , i,ll look into it further.

Gary

Trevor Knight

  • Posts: 1825
Re: xmas holiday pay
« Reply #8 on: October 12, 2006, 08:19:24 am »
Part Time staff are just as entitled as full time staff to holiday, sick pay etc.... only just on a pro-rata basis.

ALL employee's should receive 20 days holiday a year as well as all national Bank Holidays. If they are part time they get a reduced amount of holiday.

The law is very strict on employment to ensure fair working conditions. If you upset him and he takes you to a tribunal you will not have many friends in their if you have been working him unfairly or not giving him his entitled holiday, pay etc.....

Trev
Covering Hampshire, Dorset, Surrey, Berkshire

williamx

Re: xmas holiday pay
« Reply #9 on: October 12, 2006, 08:27:28 am »
If you get in touch with your local Business Link office or your Tax Office they will be able to put you right on this.

surecleansystems

  • Posts: 56
Re: xmas holiday pay
« Reply #10 on: October 12, 2006, 08:39:32 am »
Try www.acas.co.uk............. both employers and employees can ring them to find out their working rights

Ph no is 08457 47 47 47

They are normally very good.

Helen

Re: xmas holiday pay
« Reply #11 on: October 12, 2006, 09:25:24 am »
Gary, If he works part time for you Wed - Fri, does he work for anyone else on Mon and Tues? If he does remember he will get some entitlements from them too!
If he has signed a contract as per what you have set out, then he must have been happy with those terms (or not read them properly!) From what you say he  isn't entitled to hol pay from you ar all the xmas week. It sounds tough, but you are running a business and if you do something out of the ordinary for one, then you will start the ball rolling with others wanting the same and more! Personally I would stick to the terms of his contract, but maybe issue an Xmas bonus to all staff, pro rata of course! It is a tough time of year (xmas) to be making decisions, but last year we had to sack one 3 weeks before xmas, personally, we felt terrible about it, but it was the right business decision to make. Just one thing, are you taking the whole of the xmas period off as a business? If so, if he has enough accrued holiday he will get Wed to Fri paid anyway! and surelt that is what he is used to the rest of the year!