Xmas wages

[Angelgirl_19]

it's coming up to 6months that ive been working at this new salon and im working dere 5 days a week wednesday being my days off. However i still do not proper working hours and they vary as 2 when clients book it i.e. if our last client is at 3pn den ill do a 9-3pm shift and go home when the salon should close at 4pm.
Also sumtymes my boss phones me at the last minute when im meant 2 be doing a 3pm-9pm shift saying no clients r booked in so no point me coming in but also means i dont get paid when its not my fault so my wages 4 even less for dat month.
I just wanted to know that although my boss has decided to close 4 xmas and new years eve i am entilted 2 still get paid 4 these days arent i? as dey r national holiday days also boxing day falls onto a wedneday whereas that is normally my day off shuld she still pay 4 plz help me out on this one cos i kno she will try a pull a fast one wer she can
ty

 

[Bagpuss]

I'd love to help chick, but i cant understand some of what you have written.

 

[sj1973]

sorry hun...but can you not text the words as us geeks have trouble reading your problems!!....have you asked if you are getting paid these days as its holiday? i think it depends what is in your contract, as to if she has to pay you or not.

 

[Minipig007]

it's coming up to 6months that ive been working at this new salon and im working dere 5 days a week wednesday being my days off. However i still do not proper working hours and they vary as 2 when clients book it i.e. if our last client is at 3pn den ill do a 9-3pm shift and go home when the salon should close at 4pm.
Also sumtymes my boss phones me at the last minute when im meant 2 be doing a 3pm-9pm shift saying no clients r booked in so no point me coming in but also means i dont get paid when its not my fault so my wages 4 even less for dat month.
I just wanted to know that although my boss has decided to close 4 xmas and new years eve i am entilted 2 still get paid 4 these days arent i? as dey r national holiday days also boxing day falls onto a wedneday whereas that is normally my day off shuld she still pay 4 plz help me out on this one cos i kno she will try a pull a fast one wer she can
ty

Hi there Angel Girl and welcome to the forum. Firstly, please note that we do try to steer clear from the text speak you have used, it makes things easier for everyone reading your post.

Secondly, it depends on your contract. If you are not contracted to work a set numbe of hours per week, but rather are paid on a per hour basis, then when your employer is doing is completely within her rights to do so. There is a spa close to where i live which work on this basis and the therapists know that if the work isn't there, they won't get paid.

You need to think back and review the contract when you first started working there 6 months ago.

I've seen you've posted in a few different threads about your problem.. which also akes it harder to work out what's happenning. please try and stay in one place!!!

 

[Angelgirl_19]

sorry ro confuse everyone with my text writing from now i will try to write properly so that you can all understand what i am saying, but what if i don't have a contract- because my employer has failed to give me one yet? then what are my rights regarding getting paid on christmas and newyrs eve and boxing day

 

[sj1973]

sorry ro confuse everyone with my text writing from now i will try to write properly so that you can all understand what i am saying, but what if i don't have a contract- because my employer has failed to give me one yet? then what are my rights regarding getting paid on christmas and newyrs eve and boxing day

how long have you worked there? if you have no contract then i would go to c.a.b. and see what your rights are.

 

[Minipig007]

Hi AngelGirl,

Ok, you are required to receive a written contract of employment within a set period of time after commencing your employment, which i believe is about 3 months, but i'm not sure on that.

If you have not, I agree that a visit to CAB would be best. If the period is 6 months, then you should be working on what is known as a verbal contract, which is based on the agreement yourself and your employer made when you first joined the company. This would be on the basis of the number of hours you would be required to work, and i think that the key point to make the distinction is between being available to work and actually being at work. If the term "being available to work" is used, then you are not necessarily going to be working all those hours if there is no work available.

 

[Lucy-Jayne]

it's coming up to 6months that ive been working at this new salon and im working dere 5 days a week wednesday being my days off. However i still do not proper working hours and they vary as 2 when clients book it i.e. if our last client is at 3pn den ill do a 9-3pm shift and go home when the salon should close at 4pm.
Also sumtymes my boss phones me at the last minute when im meant 2 be doing a 3pm-9pm shift saying no clients r booked in so no point me coming in but also means i dont get paid when its not my fault so my wages 4 even less for dat month.
I just wanted to know that although my boss has decided to close 4 xmas and new years eve i am entilted 2 still get paid 4 these days arent i? as dey r national holiday days also boxing day falls onto a wedneday whereas that is normally my day off shuld she still pay 4 plz help me out on this one cos i kno she will try a pull a fast one wer she can
ty

I'm guessing from your post that you may be self employed? Is this the case? If you are, then unfortunately you are not entitiled to Holiday pay. That's the risk.

Recently the amount of Statutory Holiday Days was increased to 24. Note that this is only if you are a full time employed member of staff. These 24 days CAN include the 8/9 public/bank holidays that we have in the UK. It should be made perfectly clear in a contract.

If you are for example contracted to work 6 days and Wednesday is your usual day off, regardless of whether bank/public holidays are included you are entitiled to this day off.

Definitely contact your local CAB if your employer isn't being of any help.

 

[lilacm]

You have a legal right to a contract or written confirmation of employment after 2 months of working somewhere.

It depends on the terms of your employment but normally you would get paid for the public holidays you would work so not the wednesday if that is your day off. Ask for a contract if you don't have one NOW as even it is temporary work you should still have one.

As stated before for full time employees the legal holiday entitlement is 24 paid days per year.

 

[izzidoll]

Have a look on this website....you should be able to glean loads of info from it.Acas - Home

 

[lotus blossom]

also xmas eve and new years eve are not bank/public holidays
they are usual working days

 

[Angelgirl_19]

I'm now in my 6 month of working there i know its illegal 2 work without a contract but surely its my employers reponsbility to provide me with one without me having 2 ask for it. Also i dont intend on working there for very long so i wouldn't want to a sign the contract if one came now anyway as it stands if i was that type of a person i shouldnt even care about giving her any notice but to be fair when i leave i will give her 2wks as i dont have a contract that states anything.
No im not self employed yet if i did i wouldnt be having problems with working for someone else.
I know Christmas/New years eve/boxing day are not National Holidays but if its her decision to close the salon then hows it my fault even if i didnt mind working them days the situations different because we don't get that many bookings aday so she'd rather be at her other business which is why the salon is closed them days.

 

[lilacm]

If she is closing the salon on christmas eve etc you should get paid (it is seen as a compulsary paid holiday) so your wages overall should be no different for the christmas period than any other month.

You should try and speak to her about this before it occurs though even if you don't want a contract as it will be harder to change things after it has happened!

 

[Angelgirl_19]

yeah i wasnt 100% sure whether i was egliable to get paid or not but i thought like you said it shouldnt make a difference especially seen as it was her choice to close the salon the busiest time of the year
thankyou 4 ur reponses everyone

 

[nailzoo]

Not sure if it makes a difference in your neck of the woods, but casuals don't get paid for public holidays, also permanent casuals are different again.

If you are on a set wage per week, you should get paid for holidays regardless.

Seems odd she can knock your days, or call you in at a whim.

Sounds like you really need to clarify your conditions of employment.

 

[Lisa111]

Definately a good idea to get hold of ACAS. They can definately helpyou out with work related issues and will make it clear what you're entitled to. Best to speak over the phone if I were you.

Good luck xx

 

[mobileharmonyxx]

I would def. speak to c.a.b they are taking the mick, and its not fair. You were employed as a pt/full time therapist, so you are entitled to pay. You did not join a agency, where you get told you when you are needed, this is what is happening here.

I do say you must speak to c.a.b, and if I was you, I be looking for a new job, in the new year.

Good luck!!!