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Alan Masson
Member - 5 posts
Not if the inspections are so short. It might be appropriate in particularly isolated cases to advise the people who are being sent to carry out the inspections that the site is at a certain distance or walking time from the road access, that there are no facilities on site, where the nearest facilities are located (which you could probably ascertain by a phone call to the client) and where, if it is going to be necessary because of a longer survey, they can find food and drink.
Otherwise, you can reasonably expect most people to make their own provision for their welfare, i.e. eat earlier or later, go to the lavatory before setting out to do the inspection, use the bushes if male, etc. I consider that forewarning them as to the absence of any welfare facilities is sufficient.
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Alan Masson
Member - 5 posts
The answers to your questions depend upon how long a working week is. If it is 35 hours, your new employee should be entitled to:-
1) 17/35ths of 30 days holiday rounded up.
2) On the same basis, look at the number of bank holidays that fall on her working days and the number that do not and prorate them to ensure that she gets about half of them.
3). First question is, whether this is the salary for the job. If no one else is doing the same job full-time, that is fine but if there is someone doing the same job, you will need to either consider using that person's salary as the base salary for the new job or be able to show distinct and objective differences between the two roles, other than that one is part-time. If you do use a salary of £10.5K, the pro-rated amount again depends upon the number of hours worked by a full-time employee. If the figure is 35, the pre-rated salary would be £5,100 (£10,500 x 17/35).
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Alan Masson
Member - 5 posts
The employee will be able to demonstrate what his or her hours were and can ask the tribunal to determine the terms and conditions of his or her contract, as you have failed to issue a written contract within the period set by law - 2 months from the start of employment. An application can also be made to a tribunal in respect of an unlawful deduction from wages. That is to say that the employee was entitled to work the hours, was not allowed to and was not paid, therefore there has been an unlawful reduction in his or her pay. The amount being presumably small, this may not occur but asserting his or her right to receive the payment can confer on the employee, rights and protections which he or she would not otherwise have.
Hours of work cannot simply be changed unless there is express provision for this to be done in the contract. That can really only be evidenced by a suitable written contract. Not issuing a written contract does not assist you as an employer and will shortly serve to penalise you, as a tribunal will be able to increase an award of compensation for unfair dismissal by up to 50% in the absence of a contract
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