I work for a company that deals with clients who are in receipt of funding (direct payments) form the government to enable them to hire carers in their own home. The majority of carers are flexible workers in other words work every week/fortnight/month but do not have set/same hours but not classed as bank workers.
Carers and their employers want holiday paid on top of wages (not included in hourly rate) and struggling to get them to understand they cannot do this. So frantically trying to put together information to give them and have a couple of questions if someone can help?
- I was going to use the 12 week average holiday calculation, but if i do does that mean everytime they want holiday i have to keep checking their 12 week average and update their entitlement.
- Alternatively, can i still use average working hours from last tax year and multiply this by the 5.6 weeks?
- What if an employee and client still insist it is paid on top of wages. We refer them to their legal team etc but still they insist.
The problem is, some of them may only work half an hour a week or in some cases a month (enough to pick shopping up and take to home etc) so they do not want holiday which is understandable but the rules state it cannot be paid unless holiday is taken.
Really struggling with clients on this so, could do with a legal ruling to be more in depth but i know it cant cover any situation so any help really appreciated.