Job not paying sickness pay or holiday pay for part-time employee (18 hrs per week).

[LOVEMYMUM]

I started my job in June 2007 and found out i was pregnant the following day. My boss told me to write out the numbers of hours i work and she would pay me at the end of each month. I don't get holiday or sickness pay. My boss deducts NI and taxes. I didn't ask about sickness/holiday pay cos i was grateful to have a local job working 10 till 4, three days a week. (I can only do part-time cos of RSI). Is my employer right not to pay holiday or sickness pay?

every employee has a right to holiday pay im sure

No it is illegal

Sorry that is it is illegal not to pay holiday pay. You are entitled to statutary sick pay from the goverment.

Seems your boss may well be on the fiddle...

Criteria for sick pay and info on holiday entitlement. If you earn enough to pay tax and NI you probably should qualify for ssp. afaik you may only not be eligible if you have a casual contract ie no defined hours, rate of pay etc otherwise you get basic entitlements whether the contract is formal or not.

Hmmm. Very interesting. I didn't ask for a written contract cos i didn't want to rock the boat (normally i don't hesitate to ask for a contract but i wanted the money).

I was told verbally the rate of pay and working hours but nothing written down.

Wouldn't surprise me if boss is on the fiddle!

Sorry, but what your employer is doing is illegal. Since the Working Time Directive came in all employees are entitled to paid holiday leave whether they are full time or part time. For 18 hours a week you are entitled to be paid a pro rata preportion of what a full time employee is entitled to. I think that's now 25 days (for full time) a year since the law was updated recently.

As long as you earn over the lower earnings limited which I think is £75 per week, you are also entitled to statutory sick pay subject to certain conditions.

Do you get payslips?

If not you may find no Tax or NI have been paid - plus you have no evidence that they should have been paid

Opps, missed last post, also illegal not to have a Written Statement of Terms and Conditions of Employment. They're not doing too well are they.

Jolly interesting! I have got payslips with NI and Tax deducted. I leave on Friday anyway but i was curious to see if my boss was doing the right thing (I didn't think she was!).

I was off sick on Tuesday and she still rang me to see if i could come in! I told her i could work Thurs and Friday instead of my usual Mon, Tues and Thurs and she didn't like that. (Quiet on the end of the phone!). I got a phone call yesterday late afternoon after i got home saying that i may need to work reduced hours next week cos not enough work!

So pleased to be going - especially as I am applying for Maternity Allowance. Gave the silly moo the form and not sure if i will get it back, so rang my union and they said they will chase it for me if needed.

When I got pg with my first my boss decided to be silly didn't want to pay.

I went and signed on for smp. I didn't reaslise that as soon as I put in for smp they would chase it for me!!! They threatened him with NI inspection and two days after my baby was born I recieved a cheque for the full amount.

Make sure you keep your payslips and check that the tax and NI has actually been payed - not just extracted and pocketed......

How can i check its been paid?

You will have accrued holiday entitlement for which you should be paid in lieu when you leave.

Ring the revenue and give them your NI number.

Liz - you're right. My brain has gone since i got pregnant. This is all stuff i know cos not only did i work in HR 13 years ago as a junior secretary, i also had to claim accrued holiday entitlement from a previous employer who didn't know (yeah, right), that i was entitled to it.

I can't see the silly moo paying me any more money than the hours worked, so i will contact my union about claiming this money.

Thank you all for replying so quickly!!

LOVEMYMUM that sounds horrendous. I think bearing in mind everything you have said it may be worth your while completing this online tool which will give you a statement of exactly what your employment rights are - it sounds like a lot of your entitlements are not coming your way at the moment. You mention that you are in a union - I am a bit that you have union membership and they haven't helped you sort this out before tbh.

Hi flowery - you seem almost to be an old friend .

I haven't raised this with my union cos it didn't occur to me to (unfortunately). The thing is, i can only work part-time cos of RSI and i found out i was pg the day after i started work (told them immediately even tho' i didn't have to but wanted to be honest) and the tiredness kicked in so quickly all i could do was go home to bed - not really in a position to fight for a contract even though i should have had one. The job suited me down to the ground (15 minute drive away, working hours 10 till 4), so i weighed it up against making a fuss and maybe losing my job cos "somebody more suitable came along during my probationary period".

I will certainly contact them on Monday morning before work to see what i can get (with their support).

Thing is, i finish on Thursday and said i'll come in to do a handover but no longer be able to work in January. When do i raise the "give me the extra money i'm owed" matter?

PS: Sorry my reply is so long. I feel guilty about getting free advice too!

hiya

I think you need to have a proper chat with your union rep about what you're entitled to and how you should go about getting it. I think you need to address this as soon as possible - they owe you money and they may well kick up a fuss before they give it to you so you should start the process soon.

I would say a chat with your union rep clarifying exactly what you are entitled to and a discussion with them about the best approach to take would be a good idea. I would hope your union will assist you in taking this up with your employer so rather than me saying 'do this do that', speak to them first and get their help. Follow the link I posted earlier to find out what your rights actually are in terms of holiday money you are owed and any sickness pay you may be entitled to as well.

I understand what you are saying about not being in a position to sort this out earlier, and as you are not going to be there any longer, some things they should have done you may decide to not worry about but certainly you should at least make sure you haven't lost out financially.

See what your union rep says and come back if you need to.

Thanks Flowery. Great minds think alike! I have already made a note to call my union rep tomorrow morning at 9 am. before i leave for work.

I hope this post may help other mumsnetters in the same boat.

PS: I calculate that based on a 18 hour working week, for six months, at 20 days hol a year, i'm owed, very roughly, 5 days holiday pay - which is a few hundred pounds, which can go a long way in Mothercare!!

Have written a letter to my boss using the directgov link that LIZS supplied. Have gone after holiday pay cos SSP doesn't kick in till a few days have gone by and have only been off the odd day. Have calculated that I'm owed £462 before tax.

Will get paycheque and SMP form back from boss on Thurs (not leaving office till i get it!), and will then give her the letter. If no joy, Union will advise me further.

No point in asking her for holiday pay - she is too busy doing four things at once and having a go at people on the phone (its a travel agents - she is even rude to clients!). I got crafty and wrote that I'm entitled to holiday pay despite not being issued with a written statement of employment particulars . If she says i didn't ask for one, I'll just say i didn't know what i was entitled to as a part-time worker till i got talking to a friend at the weekend. Ho, ho!

Thanks everyone for your help.

Have got back the SMP form.

Went in today to get my December salary cheque but no sign of holiday pay. Boss said she worked it all out but had lost paper (which i can believe cos she isn't too organised). Also didn't get my Dec payslip (she lost it).

Will chase her for Dec payslip after Xmas (office closed from tomorrow) and without holiday pay, I won't do a handover. She said she left a present for me at home, i felt like saying "never mind the present, how about the cash!". Oh well, at least i got my dec salary so therefore she has no hold over me.

Thanks everyone for your advice.

Hi,

I only scanned this post quickly, and I know you've finished up lovemymum but even though you you didnt get a written statement of particulars your definitely still entitled to your holiday pay.

You should def call the inland revenue to make sure your tax and NI has been paid. If anyone else reading this in the same boat - employers who dont pay these things can have a massive impact on you - your entitlement to benefits and pensions etc.

Sorry to come to the chat late but I thought I'd chuck in my tuppence worth anyway!

ps - the full time equivalent to holiday pay is 24 days since 1 Oct 2007 (but this includes bank & public hols).

Hi gr - thanks for your post.

Will call Inland Rev on Monday cos have now heard from a colleague that in 4 years, she has never had a P60 - gulp!

oh dear, I hope she's going to call the Inland Revenue too! She could be in for a shock if the State Pension still exists when she comes to claim it...

Hi gr. Have told my colleague to check her NI contributions.

I just rang the Inland Revenue and they have no record of this employment cos my employer didn't supply the P45 i gave her when i started work! They haven't yet received the P45 she should have sent off when i stopped work. I haven't got it either. Feeling v upset. Have left message for my union rep. Can't give her the benefit of the doubt, you know, "lost in post", cos she held back on holiday pay. More upset than angry.

So sorry to hear that - but glad that you have been in touch with the IR. I take it they'll be getting in touch with your old boss?

Also glad you've been in touch with your Union rep - hopefully they'll be able to sort out your holiday pay.

Sounds like you've had a lucky escape from them. Have you kept all your payslips etc in case you need to prove your income to the Inland Revenue?

Let us know how you get on.