Holiday Pay And Pay Whilst On Holiday

[francesca01]

Holiday Pay And Pay Whilst On Holiday

ok here's my query and if anyone can give me some constructive advice it would be greatly appreciated:

i work at an independent day school as cook/housekeeper for £8.00 per hour and during the holidays i receive statutory "holiday pay" for the above job.
however, during these holidays i am employed at the same school as their painter and decorator for £10.00 per hour on their pay roll rather than as a self employed tradesman.

The wages clerk seems to think that i cant get paid twice for the same period
e.g July holiday pay and July salary for painting and/or all on one payroll.

I am so confused and don't know where i stand - surely as long as its a different job then i can receive both payments. i just want it all to be legitimate!

I would like to show your answers (if any) to the wages department.
many, many thanks

[Sycamore3House]

If you are still working in July you are not on holiday. Holidays are when you don't go to work and have a break.

[boxtops]

Since your painting rate of pay is better than the cook pay, then I'd agree with the payroll clerk. If you're still on payroll in another role during the holidays, then I can see why you're not eligible for cook holiday pay.

If you were a self-employed painter and invoiced them for your painting hours then (IMO) you'd still be eligible for cook holiday money.

[woofgang]

you have two jobs. If they were in different places, then one place would pay you what ever you are entitled to be paid when that place is closed. Its not paid on the condition that you don't work, its paid as part of your pay entitlement.
You could go off and work at the other place and they would pay you. Provided you are paying the appropriate tax and NI, there's no problem IMO. If they don't pay you to do the decorating, they will have to pay someone else. I think the hook is because its called "holiday pay" if it was called your "summer retainer" or your "ecklefecken payment" or anything else this issue wouldn't arise. Ask the payroll person where it is written that you can't do this.
Its not uncommon in the NHS for people to do agency or temp work while they are on leave, the only time it can't be done is if the person is taking mat leave.

[francesca01]

Sycamore3House: maybe i wasn't explaining it very clearly - once the school breaks up and closes at the beginning of july i am then employed the following week as the school decorator - so i'm having a break from my regular job and working during the holidays hence two different payments.

[pixie373]

I think you should be paid both, as they are two different jobs. Does your cook/housekeeper contract state how many hours of paid leave you should get?

[factor-fiction]

I think you are saying you should receive holiday pay in the holidays for your cook job and also receive your £10 per hour as a painter decorator. By the same taken you should earn holidays when painting/decorating and receive that when working as a cook .
Do you have just the one payroll number or two? I can see it would be easier to have two separate ones.
Are you sure you should get holiday pay in the holidays or is it factored into your term time pay?


There is another issue- if you work in the school holidays does that mean you actually take no holidays. That must contravene some law I think

[factor-fiction]

Mayve they aren't saying you won't get your holiday pay- maybe it has to be paid a ta different time because of the way the payroll works.

[pixie373]

I hope not, factor, my sister and i haven't had any time off (alternate weekends only) for a year. It may depend how many hours?

[factor-fiction]

http://www.rightsatwork.co.uk/employment-law/holiday-rights.html
Working time directive I think.
Are you self-employed though, pixie?

[pixie373]

Yes, factor- although even at the residential home we could sign something saying we wanted to work over 50 hours a week and holiday was carried over to the next year. Is that not allowed? (how are you, btw? Haven't seen you for ages x. Sorry Francesca).

[factor-fiction]

Hi Pixie- been busy working but school holidays are approaching so you'll see more of me.
Have a read of this.
http://www.acas.org.uk/index.aspx?articleid=1374
My reading is that you must have a minimum of 20 days a year- you can agree to carry forward some if your entitlement is greater , but you must take at least 20.
However I'm not clear what happens if the employer says your working week is 7 days but lets you have 20 Sundays off and nothing more.
Buildersmate is the expert here

[pixie373]

Ah. I'll have a read, thank you x

[pixie373]

That's a good link - should help Francesca too.

[francesca01]

pixie373: yes my contract states 28 days annual paid leave as school cook - no mention of working in the holidays as the role as cook is obviously not needed.
however as the school is closed to students for 19 weeks a year (!) i work during the long holidays to supplement the loss of income for the rest of the year. i don't have a contract for the decorating job, they just ask if i want to work and pay me accordingly. the way i see it i cant do the decorating during term time cause i am cooking and i cant cook during the holidays cause there's no children - so they are two seperate jobs - surely what i choose to do during my holiday leave is up to me?!

[Prudie]

On the face of it I agree with woofgang, it's all in the wording used. What you are paid during the holidays as a cook is a retainer rather than 'holiday pay' and I see no reason why you can't have both, all they have to do is amalgamate the two for tax calculations.

[ABerrant]

So as a Cook/Housekeeper you have 19 weeks leave of which 5.6 weeks are paid (i.e. statutory holiday).

Perhaps it is easier to think of the 6-ish weeks "Summer Holiday" as part of the 13.4 weeks unpaid leave?

[factor-fiction]

I think the devil may be in the detail here. Holiday pay arrangements for support staff such as cooks and classroom assistants in schools who work 39 weeks a year are often paid in a way that's different from the way workers get paid who work all year round. I suggest your wages department will be able to explain how it works and check you are not losing out on holiday pay.

[THECORBYLOON]

FACTOR, an employee does not have to take twenty days' leave each year. Entitlement to leave is 5.6 weeks so if it is a five-day week the figure is twenty-eight days and that is the MAXIMUM entitlement so it is twenty-eight days even for folk working a six-day week.

If an employee has not been able to take all their leave for reasons other than sickness, the maximum the employer HAS to carry forward is 1.6 weeks . If there has been sickness which prevented leave, the maximum carry-over the employer HAS to allow is twenty days.

In all these cases, individual contracts may allow more time off and more time carried over but the figures I have used are the legal minima.

[EDDIE51]

I was going to say I don't see a problem but thinking more, possibly the school are offering you an alternate job as a painter during the holidays at £10 an hour.
You should have 2 contracts one for the cook job and one for the painting job that would solve the problem they would just have to make sure the tax was correct .

[factor-fiction]

Hi THE CORBYLOON- yes, the maximum minimum (if that makes sense ) statutory entitlement is 28 days. I know that applies to a someone working a 6 day week. My query was whether it applies to someone who works a 7 day week.

The ACAS link said "Carrying leave over from one leave year to the next
Workers must take at least four weeks statutory leave, they may be able to carry over the remaining leave if their employer agrees. Workers do not have an automatic right to carry leave over to the next holiday year. Workers who are entitled to more than the statutory leave allowance may be able to carry over leave if the employer agrees, this agreement may be written into the terms and conditions of employment." Have I misinterpreted it or is it incorrect?

Anyway, it's not directly part of francesca's question so maybe I should forget it