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AIBU?

Does your cleaner work on bank holidays?

92 replies

HormonalHeap · 23/03/2016 17:09

Just wondered what was normal. Mine has only just started (not through agency if that makes any difference), and has asked for this Friday, Saturday and Monday off as its a bank hol weekend. That will cost me £150.

Want to be fair but she's only been with us for two weeks. What's fair?

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HormonalHeap · 23/03/2016 17:17

Anyone?

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TreadSoftlyOnMyDreams · 23/03/2016 17:20

Good Friday and Easter Monday are Bank Holidays. Saturday is not.

If she normally works those three days, then Saturday will be annual leave, with Friday and Monday as paid leave if she usually works it.

What is in her contract? Does she get BH's off automatically? If so, bad timing on your part but you are also getting paid.
www.gov.uk/holiday-entitlement-rights/entitlement

Either way, if she's been with you for two weeks she hasn't accrued enough time to offset her requested 1 days holiday so to some extent it is up to you as to whether or not she can take leave in advance.

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Brightnorthernlights · 23/03/2016 17:21

So would she normally work for you on Fri/Sat/Mon ? My cleaner only gets paid when she works. I don't pay for bank holidays if she doesn't work, ie it's her choice to work or not.

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HungryHorace · 23/03/2016 17:22

If she's self employed then she won't be paid for holidays, so if she's off then it's no pay for her.

Do you actually employ her directly (as in pay her tax / NI)?

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AStreetcarNamedBob · 23/03/2016 17:23

Why would you pay here when she isn't working? Cleaners are normally self employed and you wouldn't pay them when they're not at work.

So she can take the day off if she insists but she wouldn't get paid unless she is PAYE employed and it's in her contract to get them off

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DanglyEarOrnaments · 23/03/2016 17:23

We are a cleaning company and we close on bank holidays but don't charge the regulars customer if we don't attend. We have to pay our cleaning staff holiday pay though because we are employing them.

You usually don't have to pay your solo cleaner though because she will be self-employed, unless she gave you an agreement to sign to say she gets paid if she is off on a bank holiday, I can;t imagine any cleaner would be trading as usual on a bank holiday but also can't imagine many still charging the customer for being closed for business. It all depends on what her terms within her agreement say which should be given in writing if there was one.

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lertgush · 23/03/2016 17:24

My cleaners have always been self-employed. If they didn't turn up to clean, they didn't get paid.

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blindsider · 23/03/2016 17:26

I am a bit confused most cleaners are just paid for the hours they do - is this cleaner on the payroll, is she paying tax and NI on her wages as if she is not she actually isn't entitled to any paid leave as she isn't legal.

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ThroughThickAndThin01 · 23/03/2016 17:26

Mine doesn't work Bank Holidays, but I don't pay her either.

£150? That sounds a lot.

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polkadotsrock · 23/03/2016 17:27

Same, if mine doesn't come (whether her choice or mine) I don't pay her. She's tremendously flexible though so we normally work something out.

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polkadotsrock · 23/03/2016 17:28

What is she cleaning that's costing you £50 a day?

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DanglyEarOrnaments · 23/03/2016 17:28

As a self-employed person she can take any time off whenever she likes as long as she lets her customers know but I really can't see her still charging you.

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blindsider · 23/03/2016 17:28

Have reread the OP
she is taking the piss, if she expects to be paid.

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DanglyEarOrnaments · 23/03/2016 17:33

Oh did you mean that she is definitely charging you OP? That doesn't sound fair or normal within the industry.

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HPsauciness · 23/03/2016 17:35

If she works for you every day/you are her sole employer and have a contract/pay NI then she would presumably get paid holidays.

Most cleaners I know work for lots of people, are self-employed and don't work three days for £150!

You haven't said why you think she thinks she would get the money- it depends on her status, your contract and what you agreed- my cleaner doesn't work BH or get paid, but comes on another day when she wants.

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TreadSoftlyOnMyDreams · 23/03/2016 17:35

I'm assuming that she's a housekeeper/full-time cleaner and is employed directly by the OP? Otherwise it's just bizarre and you can tell her good luck and have a nice weekend but you won't be paying her on top.

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RoobyTuesday · 23/03/2016 17:42

No, mine offers to come earlier in the week to compensate, I take her up on it except at Christmas when I think it's fair do's to let her have an extra day off.

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RoobyTuesday · 23/03/2016 17:43

And same as others have said - if she doesn't come she doesn't get paid which is why she offers to do a different day.

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HormonalHeap · 23/03/2016 17:45

Thank you for all replies. No she isn't on the pay roll no contract it's just cash in hand but she does 20 hours a week.

She helped us move some heavy furniture this morning which isn't part of her job so I think just for goodwill (and because I need her!) I'll pay her for Monday but explain its a one off and that if she doesn't want to work BH's it's up to her but she won't be paid.

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mrsmeerkat · 23/03/2016 17:48

cash in hand.. no you don't have to pay her for three weekend days

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RudeElf · 23/03/2016 17:48

She is self employed. She doesnt ask for days off, she tells you when she wont be working. But she doesnt get paid when she doesnt work.

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RaptorInaPorkPieHat · 23/03/2016 17:50

I do get paid bank holidays off, but that's Friday and Monday not Saturday.

It is, however, set out explicitly by my employers in my contract along with my annual leave entitlement. If it's not in her employment contract, she's daft to expect it.

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AmberLav · 23/03/2016 17:52

I think you should consider treating her as an employee and putting her on the payroll at 20 hrs a week. Visit Hmrc and do the emolyed v self employed test to see if she is really an employee

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DanglyEarOrnaments · 23/03/2016 17:57

There won;t be a contract of employment she is self-employed as a cleaner but the fact she asks to be paid cash in hand suggests to me she is not registered as a business therefore will not be paying taxes or carry public liability insurance. She is certainly not employed by the OP.

You don't have to pay her at all OP, if she didn't give you a contract or agreement that states she charges for Bank Holidays off then you don't pay her. She shouldn't be lifting heavy furniture as a health and safety issue but then she forfeits the right to set out the scope of her service when she asked for cash in hand to avoid the necessary registration with HMRC for running a legitimate business. I would be wary of any cash in hand trader they may not be operating legally and this could come back on you in the future.

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HormonalHeap · 23/03/2016 17:58

Thanks Amber I'll get dh to do that I'm useless. Her last job was nannying and she says they paid her bank holidays but maybe that's different.

We're away for a month in August and don't fancy handing £800 to someone for not working who's been with us under 6 months- but guess I'll have to as she relies on the wage.

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