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holiday pay for live-in nanny

(7 Posts)
catepilarr Mon 26-Sep-11 00:25:40

hi, i could do with a bit of advice, please.
i always thought that holiday pay works in a way that you simply count whatever amount of holiday days/weeks your holiday is and then get paid the usual amount of money while you are on holidays.
my employer however calculated my holiday pay for 5.3 day in the following way which i think is strange: 113 is worked out by 150 divided by 7 days (because your pay was 150 per week) times by 5.3 so yes same pay as per usual rate just pro rata as not a full seven days holiday.

i also looked up guidance online and still think i am right. am i ? or have i missed something? thank you very much.
(http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642
and http://www.acas.org.uk/CHttpHandler.ashx?id=955&p=0 )

youngermother1 Mon 26-Sep-11 00:34:23

You are right - effectively they are not paying you for the weekend. If you normally work 5 days, then you get 150 for 5 days, not 7.

mranchovy Mon 26-Sep-11 01:34:45

That would be correct if you normally worked 7 days a week, but that wouldn't be legal. I assume you are leaving, otherwise there is no right to receive holiday pay (you do have a right to take holiday and be paid as normal) so they can calculate it however they like?

catepilarr Mon 26-Sep-11 08:59:54

i already left last week (after agreed 10 weeks) but we havent sorted things out yet sad
i was kind of 'forced' to take the holidays as the family went away and there wasnt anything to do. which i assume they can tell me when to take holiday [well not they would actulally tell me, it was a bit awkward with them just saying they were going away and only after i asked they said they would have to find things for me to do so i said i would go away to which they agreed. so i take it as holiday that week.] the odd thing is she actually paid me in full for that week and only made up that holiday pay calculation when sorting out my last pay the day i was leaving (complicated due to amounts she had been paying me).
they also havent given me the contract despite me telling them for ages. i found on the above websites that they have to give me one two months after i start at the latest. i dont know whether the fact i already finished there makes it any different but what can i do if she still doesnt do the contract? (i need it for insurance back at home).
thanks.

Hatwoman Mon 26-Sep-11 09:10:12

they are trying to have their cake and eat it. They are assuming a 7-day week to work out your daily rate and then assuming a 5-day week to work out your holiday pay. you are right. if they want to work out a daily rate it's £150 divided by 5.

fraktious Mon 26-Sep-11 09:30:38

They are trying to do something very odd there hmm It definitely sounds like they are basing it on a 7 day week.

If you didn't get a contract I'm not sure what you can do if you've left. Maybe talk to ACAS or your liability insurance provider if they have a legal helpline?

nannynick Mon 26-Sep-11 16:59:45

I am wondering if it should be calculated in hours rather than days, as the amount of pay given to a live-in nanny is I think for doing the job for a certain number of hours - such as providing childcare between 7am and 7pm, or whatever.

Why does an insurance company need a copy of your contract? What is the insurer actually insuring? Are you trying to make an insurance claim for something?

Contracts can be verbal and could also comprise of other communication you have had such as information from emails. Yes, in the UK an employer is supposed to issue a Written Statement within the first 2 months of an employee starting work (I tend to want it before starting the job) but in the event of someone leaving a job and then wanting a copy of the Written Statement, I'm not sure how you would get it. Probably best to just keep asking for it via e-mail.

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