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Working less than 10 hours a week - am I entitled to a contract and payslip?

5 replies

chickadee87 · 12/12/2011 09:41

I am now working for a long term family for a minimal number of hours a week as lo has now gone to nursery. Am I still entitled to payslips and a contract? Is it still employer/employee relationship? Also, surely i would still be entitled to paid holiday 5.6 weeks pro rata (i.e. 5.6 days)

I do not want to be paid cash in hand and work without a contract as I will be sacrificing sick pay, maternity pay and holidays.

Thanks in advance

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nannynick · 12/12/2011 10:29

Yes. The number of hours worked makes no difference to being entitled to contract and payslips.

If this is your only job and it's paid below the PAYE threshold, your employer may not need to operate PAYE, so they may be thinking that payslips are not needed either.

For further info about contracts see ACAS website. For more about PAYE see HMRC website.

This assumes you are not working on an ad-hoc basis but rather you are doing the same set hours each week and can't decide not to do it one day.

pollywollyhadadollycalledmolly · 12/12/2011 10:54

Yes you should still get one :)

I used to work only four hours a week as a saturday girl in the Body Shop and still had a contract and pay slips etc

chickadee87 · 12/12/2011 16:46

Thanks - the mum said to me it was 'ad hoc' but i think she really wants me to do every friday. I have another job (a share) mon-thu so my tax allowance is used.

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MrAnchovy · 12/12/2011 17:12

Every employee must be given a payslip each time they are paid showing the gross amount of pay and detailing any deductions.

If you have agreed to do something which you will be paid for, you have a contract. The details of the contract can be agreed verbally, in writing or both - it is always best to have all of the terms and conditions written and signed by both parties to reduce misunderstanding.

As you were previously employed by this family, it may well be that the terms and conditions of your previous contract (other than the hours obviously) still apply.

If you will be working every Friday you are almost certainly an employee. Employees must be given certain employment particulars in writing, but to be honest I don't think this bit of paper is the biggest issue here.

You say you have another job that uses your tax allowance. How was this set up - did your original employer give you a P45?

Anyway it is highly likely that your Friday employer should be deducting 20% tax from whatever they pay you.

If you earn less than £102 pw from this employer you will not be entitled to Statutory Sick Pay or Statutory Maternity Pay from them, but every employee must be given at least 5.6 weeks paid holiday (so if you work 1 day a week, you must be given at least 5.6 days).

chickadee87 · 12/12/2011 19:07

thanks mr.anchovy, thats very helpful.

Its complicated, as i worked part of the year for her 3 days a week in a share situation, and now its 1 day a week single family so the holiday is proving to be a bit of a headache!

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