Holiday pay for mothers help

[Julesnobrain]

Hi there. I am hoping the collective wisdom of Mumsnet can assist. My lovely AP is leaving us in July for a new role as a mothers help. She has just asked me to look over her new contract and see if it looks OK. I have picked up on something I am not sure about.

The role is 4 days a week. The family have said she can have 16 days holiday a year plus bank holidays but these are all unpaid, in school holidays and at a time chosen by the family.. where possible.

I have 2 questions. 1) Can you construct an employment contract where the holiday is unpaid. 2) Can you construct a contract where the family dictate your holiday dates?

Thanks for any assistance.

The employer can dictate holiday dates I believe, but she is still entitled to paid holiday (5.6 weeks pro-rata).

agree needs to be paid and her allowance would be 22.4 days a year so round up to 23 - this can include bh - so 16 days plus bh sounds right

but must be paid

i would also be VERY wary of agreeing to NEVER having a choice of holiday

It would be fairer if she was able to choose at least half the days and her employers half the days.

The holiday days must be paid. Which 4 days? Gets tricky if one of the days is not Monday because most of the bank holidays fall on Mondays....

Agree - employer can choose the holiday but it must be paid and must be 5.6 weeks pro rata (especially as part-time). 16 days plus BHs possibly, might, add up if she worked Mondays (most BHs), Fridays (Good Fri) and Christmas, Boxing Day and NY all fell on working days.

Just sounds for holiday entitlement as though employer hasn't updated from 4 weeks plus BHs to 5.6weeks.

Get her to write in that if family are away through their choice, but they have used up all their holiday she will still be paid.

Holidays in school hols is fair but I would try and negotiate a few days choice. What if her best friend gets married and she needs a day to travel to the wedding?

Are there any other dodgy clauses? Where there is one there are usually others...

Thanks great. Thank you for your advice.