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Worker's Rights Question: What Am I Entitled To?

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Worker's Rights Question: What Am I Entitled To?

Postby Eadward » Wed Sep 03, 2014 1:06 am

I live in Scotland, I'm in full time education and do 'sessional' work in a care home.

I work fairly consistent shifts, however sometimes working 16 hours a week, sometimes working 40 hours a week.

I have worked at my job for 3.5 years since I was 16.

I am on bare minimum wage for my age (19) which is £4.98 p/h.

I haven't got a contract, I get no paid holidays or sick leave. I get no benefits whatsoever.

Does any of this sound not quite right to anyone? The citizen's advice bureau was not much use to me, as I feel that my factors were more complex. However, it does seem that I am entitled to some form of paid holiday leave.

Any advice will be welcomed, thankyou.
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Joined: Fri Jan 10, 2014 7:24 pm

Worker's Rights Question: What Am I Entitled To?

Postby Orford » Wed Sep 03, 2014 9:32 am

Hello from Glasgow, if you are only employed on a seasonal basis then it is a temporary contract then no your will not get holidays or holiday pay or sick pay and companies do not need to pay sick pay as you claim that from tax office, basically you are expected to take your unpaid holiday during the weeks you are not working.Good Luck
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Joined: Sat Mar 15, 2014 11:40 am

Worker's Rights Question: What Am I Entitled To?

Postby Donatus » Fri Sep 05, 2014 8:18 am

Unless the law in Scotland has some special rules

and unless you are self-employed (and agreed to that)

you are an employee, and the employer (charity or not) is liable for your public liability insurance, your training, collecting your PAYE tax and NI payments. Oh and accruing and ensuring you take your holiday !

ALL employment in the UK has 28 days paid holiday for a full working week for 1 year - that is the law.

if you work less than a full week (eg 4 days not 5) you pro rate the 28 days

if you work only some of the year, you again pro rate it eg one quarter of the year, means one quarter of the paid days.

NB the 28 days include public holidays, so depending on if those land on your working days, you can lose paid holiday for your free use because of that (you are not working after all - just the day was not your choice).

You DO have a contract,

because you are doing work, for an agreed rate.

Its just not written down ( you should have been given it however - by law)

Temps are therefore often employed through agencies

The agency tecnhically becomes their employer, and has to account and ensure that you get your holiday time and pay. (based on the hours/days that you actually worked in a year)

See gov.uk https://www.gov.uk/holiday-entitlement-r...

Minimum wage calculator https://www.gov.uk/am-i-getting-minimum-...

tables - see side links for more info https://www.gov.uk/national-minimum-wage...
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Joined: Mon Jan 06, 2014 11:13 am

Worker's Rights Question: What Am I Entitled To?

Postby Naalnish » Sat Sep 06, 2014 12:49 pm

No you are not entitled to paid holidays or sick leave.
You work part time in a level entry job for a nonprofit.
No benefits provided.
Find a better job.
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Joined: Mon Apr 07, 2014 1:06 am

Worker's Rights Question: What Am I Entitled To?

Postby Fernand » Wed Sep 10, 2014 9:50 am

Everyone in this country is entitled to paid holiday,your hours are not the same each week which can make things difficult when calculating what you are entitled to,you should have had a contract within the first 3 months of starting your job,they are breaking lots of employment laws,ask your personnel department about your contract and holidays,phone acas, they deal with all workplaces disputes,even if they can't help you because you are in scotland,they will give you details of where to go,their number is 08457474747,join a union if you haven't already,firms do not usually mess people about if they have a union behind them,they can help with all workplace disputes, they work for you,unison are a good one, i was in it for many years.
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Joined: Fri Feb 14, 2014 2:54 pm

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