The rates are based on the worker's age and change on 1 October each year. For 2008/9 they are:
Workers aged 22 and over - 5.73 per hour
Workers aged 18-21 - 4.77 per hour
Workers aged 16-17 - 3.53 per hour
Accommodation offset - 4.46 per day (31.22 per week)
How to claim - and how to afford it!
These rights are intended to be available to everyone, even if only limited sums are involved. There is no fee to start proceedings, unlike the small claims procedure in the county court.
Tribunals are very used to dealing with individuals and there is a lot of guidance on the website to help with the procedures and the claim. Advisory Conciliation and Arbitration Service (ACAS on www.acas.org.uk ) gives free help on claims and with settling disputes. .
Holiday pay.
Now that Sara Jane is 16, she has the right to a minimum of four weeks' paid holiday a year, subject to asking for it properly. Dismissal for asserting a statutory right is automatically unfair and she can claim unfair dismissal in the employment tribunal. She is entitled to her holiday pay pro rata (that is, proportionate to the amount of the holiday year she actually worked). It may not come to as much as she took, because she took seven days and that depends when the holiday year started.
What should she do next?
In the KingMac contract she has a 'zero hours' contract, so she has no regular number of hours; the week's pay for that job is the average weekly pay over a 12-week period, ending on the last day of the pay week (and not counting weeks for which no pay was due). She should file a grievance with her employer before doing anything else. |