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Think my partners getting ripped off!!

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Ok my other half works for a certain catering company for a school in sheffield.

The thing is i think she is being totally ripped off.for a start they say they don't pay them when the school is on holiday,which i think is wrong.its not there fault the school closes.the other thing is they work out there annual income over the year and when i have worked it out she's only getting 4.70 an hour.hence not getting paid for holidays.are they breaking the rules and can she go to the union about this.thankyou all.

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No one gets paid for holidays in schools IIRC. They are given a salary which is split over 12 payments if salaried. They aren't normally paid hourly in that circumstance.

If they are paid hourly then they are bound by their contract of no school closure pay.

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4.70 an hour actually worked? Before tax? Then yes, he is being ripped off as that is below the national minimum wage.

 

See this for holiday: http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

 

As they don't work full time for the whole year I would assume the holiday pay would be pro rata.

 

Wow, I worked as a chef in 2010 doing around 96hrs a week and worked out I was doing it for around £2.10 per hour. I soon vanished.

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he works 20 hours per week.but doesn't pay tax because he doesn't earn enough.

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Am I reading the OP wrongly - you think she means 4.70 including the time he would be working if the school wasn't on holiday?

 

That would be my understanding of the scenario.

52 weeks divided into their annual earnings for 20 hours per week actually worked(is that 39 or something similar).

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No one gets paid for holidays in schools IIRC. They are given a salary which is split over 12 payments if salaried. They aren't normally paid hourly in that circumstance.

If they are paid hourly then they are bound by their contract of no school closure pay.

 

That's what I thought, it works the same as front of house / kitchen porters in the catering trade. It works out somehow that they still get paid in the winter time even when the requirement for them is limited and there is no work. Can't remember exactly how it works.

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o he's just told me he does get paid in the school holidays sorry.but the thing is the company says they work it out annually,and as i said before it works out at 4.70 an hour which i find rather odd.

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That's not actually possible is it? On minimum wage * 20 hours he should be above the tax threshold?

 

If the school is closed for around 15 weeks per year, 20 hours per week at NMW for the remaining 37 weeks comes under the personal allowance for PAYE.

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just got his pay slip for last year it reads

 

£6391.07 for the year all holidays payed for.

 

hours worked 25 hours per week at £5.93 per hour totals £148.25 x 52 = £7709

 

so where has the £1317.93 gone.

 

he says nobody at work can work it out.some people get payed diff every month even if they work the same hours.

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Your partner will get paid for 39 weeks, plus around 4 weeks paid holiday on top of that. ie. 43 weeks give or take a couple of days. This, assuming it's like a term-time only school job, will be then spread over 12 equal monthly payments.

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That means IF HE WORKED 52 weeks, he would get 7709. He doesn't though, so it is pro rata.

 

At that rate, and assuming 39 weeks worked, he should only get:

 

5.93*25*39=£5781 so I assume he the rest is holiday pay and/or he works more than 39 weeks.

(hourly rate*hours*weeks worked)=total

 

they dont have a clue,there is nothing showing for holiday pay on there slips.but i do know they get paid for there holidays but what who knows!!!!

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