Daughters Employer Doesn't Give Holiday Pay

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi CherryCup,

1. Is the young lady covered under the Employment Rights Act? (I think 'yes')
2. I would then explore the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 – this has the added bonus of being in 'discrimination' territory, so, if there is any adverse consequence of making a complaint, victimisation is a remedy. She will need a comparator – someone in the same organisation who works full-time & has paid holidays.
3. & check the Working Time Regulations.
4. Armed with this info, have a 'friendly' chat with the employer.
5. These are just some thoughts – not legal advice lol

[Angelic]

Re: Daughters Employer Doesn't Give Holiday Pay

Billy I got a bank hol!! haha!

[artful dodger]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Can someone please help? My daughter works at least 28hrs per week sometimes more, on set days.She doesnt receive a payslip or any other paperwork and is paid cash. Is she entitled to holiday pay? Could she get in trouble? She is 20 years old.

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Can someone please help? My daughter works at least 28hrs per week sometimes more, on set days.She doesnt receive a payslip or any other paperwork and is paid cash. Is she entitled to holiday pay? Could she get in trouble? She is 20 years old.

Is this a small employer or a large firm, what kind of industry is it?

Thanks

[oscar]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Can someone please help? My daughter works at least 28hrs per week sometimes more, on set days.She doesnt receive a payslip or any other paperwork and is paid cash. Is she entitled to holiday pay? Could she get in trouble? She is 20 years old.

Sounds somewhat dubious. Are you able to work out her hourly rate?

I may be wrong, but if its all not done "through the books" both your daughter and the employer could be in trouble - however being paid cash is not indicative of this - some companies still do pay in cash

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Can someone please help? My daughter works at least 28hrs per week sometimes more, on set days.She doesnt receive a payslip or any other paperwork and is paid cash. Is she entitled to holiday pay? Could she get in trouble? She is 20 years old.

Apologies for appearing obtuse, but surely before querying employment rights, she would have to prove that she was employed?

[artful dodger]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Thanks to everyone who responded she works within a coffee shop and is paid £6 per hour.Is she classed as employed? If so how could she prove this?

[oscar]

Re: Daughters Employer Doesn't Give Holiday Pay

Are any deductions taken or does she tend to get hours worked * £6 each week

[artful dodger]

Re: Daughters Employer Doesn't Give Holiday Pay

Thanks Oscar, no she doesn't have any deductions and gets paid £6 per hour for every hour.

[oscar]

Re: Daughters Employer Doesn't Give Holiday Pay

Only just saw this artful - from my limited scope of knowledge, I can see a whole host of problems!

Its obviously Cash in Hand, so HM revenue and customs might have something to say. If she isnt "employed" then she wont be covered by insurance. - Health and Safety issue Also if she is working in a coffee shop she should ideally have been on food hygine course or simiar.

If she loses this job, I dount she would be entitled to JSA as she will have no contributions, and the Job Centre will more than likely start asking questions on what she has been doing to support herself.

There are probably others also. I think I would be trying to gain professional advice.

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi,

I am worried sick tonight because of a situation that has arisen earlier this evening regarding my daughters employment.

Is anyone around at this time to reply or offer some friendly advice.

I am totally at my wits end

[pompeyfaith]

Re: Daughters Employer Doesn't Give Holiday Pay

CherryCup,

Employment law is not my thing, however post away as there are still members and moderators online that can assist you.

Regards

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Pompey thank you for the reply.

I must first apologise if I do not get these fact over the correct way I am in such a state crying and shaking.

I started this thread about my daughter and annual leave which shes never had in almost four years of working in the pub.

New circumstances.
My daughter in now 11 weeks pregnant. She still works part-time at the pub. Her employers had asked my daughter two weeks ago if she would run the pub if they took their first ever holiday together since shes been there. It had came up before but nothing was concrete.

The landlords have been arguing pretty badly for weeks if not months. Customers can hear them and make comments.

Tonight my daughter turns up for her shift behind the bar. Arguing is loud from the kitchen from the landlords.

Daughter busy servnig drinks to a customer when 2 other customers walk in and enquire if there is a table available to have a meal, they asked the landlady, she's looking after the food side tonight. She is standing with the diary in her hands but asks my daughter to look and see if there is a table spare. Daughter replied, one minute till she finishes serving her customers drink.

The landlady then broke out into a rant and rave to my daughter in the middle of the pub. My daughter let things go over her head as it was not the time nor the place.

More arguments in the kitchen from landlords, followed by landlady started again with my daughter. My daughter asked if they could go somewhere quiet to talk and landlady refused, still shouting at my daughter then went back into kitchen.

Sadly the landlady then got a phone call to say her sister had been rushed into hospital, so obviously shes even more upset now and gets ready to leave to visit her sister.

As a parting shot she told my daughter she was incompitent and that no other staff liked her blah blah blah. Ended with her shouting, snarling and a few swear words coming out of her mouth to tell my daughter she does not have to go back after tonights shift. She frightened my daughter so much she was in tear and hysterical when she rang me.

I jumped into the car with hubby to go and see her. Once there she is sobbing her heart out outside the pub. A regular was telling my daughter to go back in as the landlady didnt really mean it.

Landlady walked around the corner and started being aggressive again.

She had a look of pure evil on her. I explained that my daughter is not well at present but couldnt afford to take time off, no work no pay. She replied 2 shifts a week shes not entitled to anything. Daughter had been doing 4 shift but reduced to 3 a month ago.

She almost pushed her face into mine and proceeded to say my daughter is incompetent and that shes now got a lot more worries as she is now pregnant and without a job, she was gloating!!

At this point I told her to go and see her sister in hospital and we shall talk about this another time. How I remaind calm I will never know.

Somewhere in the middle of all this I said about annual leave again and she through gritted teeth said I need to check out about Small Buisnesses, they are exempt. I replied not according to ACAS her jaw dropped and she was red with anger. She left walking towards her car and still shouting on.

What is our next step, is this unfair dismissal? The only thing my daughter has said she wouldnt do if lift the heavy stool on top of the tables of a night time as they are cast iron.

So sorry for the long post

[pompeyfaith]

Re: Daughters Employer Doesn't Give Holiday Pay

CherryCup,

Firstly yes she is entitled to holiday pay part time workers are entiltled to the same holiday as full-time workers although it is pro-rata.

http://www.direct.gov.uk/en/Employme...ys/DG_10029788

Unfair Dismissal I would say yes on the account of what you have said so I would take this up with ACAS in the morning a phone call to them will get you an action plan

http://www.businesslink.gov.uk/bdotg...type=RESOURCES

http://www.direct.gov.uk/en/Employme...ob/DG_10026692

http://www.adviceguide.org.uk/index/.../dismissal.htm

I have given you a few links here on the unfair dismissal issue so that you can get the right info.

So have a read and take it from there.

As your daughter is pregnant one wonders what the issue would have been with regards to maturnity pay.

To be honest here you Daughters health and safety at this time is the most important and if that is what her employer is like she is probably better off out of it for the time being but yes do go down the unfair dismissal route as they should not be allowed to get away with such behaviour as it bordered on assault.

Good luck and please do let us know how she gets on.

Regards

[pompeyfaith]

Re: Daughters Employer Doesn't Give Holiday Pay

Oh one other point no doubts this stressed your daughter out so I would get her to get checked over by her GP being as she is pregnant.

Regards