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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47594
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've recently started working mon-Friday term time to manage

Customer Question

Hi there,
I'm Annabelle Chambers. I've recently started working mon-Friday term time to manage an after school club. 2:45-6pm. I was told i'd be earning £8 phr I've just received my wage slip with my wages and a holiday rate of 12.05% but no actual hours on there nor an hourly rate. I've had a week off due to sick children and I've been told to lessen the pressure my colleague will be managing half and half with me till I learn the role, she was on £7 phr and she mentioned her pay going up but I've not been informed nor had a discussion of my pay lowering. so I'm presuming I don't get sick pay or paid during school holidays either.
I've asked about this because I wanted to work it out and she said my wage slip was worked out at 14 days at 3hrs a day 3-6pm which is 42hrs at £7.50 phr. I'm now confused and not sure what to ask or say.
Additionally:
I'm having to do mandatory training on safeguarding, first aid, health and safety and food safety the first aid and the safeguard
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello when did you start working there and have you raised any of this with the employer yet?

Customer: replied 1 year ago.
Hi there,Did you receive my whole question? I'm on the iPhone and looking above I can see the question stops at safeguard?In response to my receiving my wage slip on Monday 5th Oct (pay day is the 30th of the month) and emailing my manager to ask about when my mandatory training would be arranged plus how they worked out my wages of £353.02. I've worked from Monday 7th Sep mon- fri 3-6pm I had 7 working days off for sickness during this time. I don't know or think I've been paid for sick and I received an email this morning telling me the calculation which is 14 days at 3hrs each day at £7.50 phr and 12.05% holiday pay per monthly payment.There is so much I'm confused with as I'm trying to apply for working tax credits and although I was contracted for 17hrs a week, I have been doing 15hrs a week so I don't qualify now as I need 16hrs a wk to qualify.Is it normal to be deducted sick pay as I thought the statutory right was 2 weeks paid sick leave per year? Is mine pro rata (school term time only) and can I ask to be paid for training for training on my day off or my childcare costs to be reimbursed? too much to type really. Sorry it may se complicated
Expert:  Ben Jones replied 1 year ago.

No sorry I did not receive anything following safeguard perhaps you can try and post it again please

Customer: replied 1 year ago.
Hi Ben,I will talk to my manager at work and see if this works thank youAnna C
Expert:  Ben Jones replied 1 year ago.

OK Thank you please get back to me.

regards

Expert:  Ben Jones replied 1 year ago.

Hello Annabelle, the first thing you could and should ask for is an itemised payslip, perhaps one with more detail and a breakdown of how your pay was calculated. Alternatively you could ask for a separate breakdown, something they would create specifically for you just to answer your queries in relation this.

In terms of sick pay, you would not be automatically entitled to full pay unless you had a contract which gave you such a benefit. Otherwise you would only potentially get Statutory Sick Pay if you meet the required criteria. It is not much though, it’s less than £100 a week. There is no such thing as guaranteed 2 weeks of sick pay per year – you either get the entitlement you have under contract (it could be full pay, or half pay, pr anything else), or if you have no contractual entitlement to sick pay then it would only be SSP as long as you meet the eligibility criteria for it. You can of course ask the employer what your sick pay eligibility is as they would know and that may clarify things a bit more for you.

When it comes to getting paid for training, this is somewhat of a legal grey area I'm afraid. Under law a worker is entitled to be paid for anything that constitutes 'working time'. This would obviously include normal working hours and any other time that is defined as working time under contract, such as paid overtime. If the contract is silent on whether training counts as part of working time, it would be for the employee to show that this was the case and they were entitled to be paid for that time.

Reg. 2(1) of the Working Time Regulations states that working time covers periods during which a person is receiving 'relevant training'. However this excludes training on a course run by an educational institution or training establishment.

In addition, the Government's Business Link advice service states that working time includes job-related training but does not cover evening classes or courses run by an external training provider.

Therefore, where a worker attends a training course that is outside normal working hours but is nonetheless job-related, the time would count as working time and you should be paid for it. However, this is only on the proviso that the course was not run by an external person or organisation whose main business was the provision of training.

If the course was run by an external person or organisation whose main business was the provision of training, the time spent training is unlikely to qualify as ‘working time’ and as such you would not normally be paid for it. You could therefore use this in deciding whether you should be paid for attending training on your days off, or at any other time in addition to your normal working hours.

I would also point out that if you are contracted to work 17h a week then that is what the employer is obliged to pay you for, even if you do not end up working these hours. If they do not then they are likely to be acting in breach of contract so it is another issue you may wish to raise with them.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.