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**CherryCup** · 6 July 2011, 00:52

Re: Daughters Employer Doesn't Give Holiday Pay

Thanks again and thanks for taking your time to reply.

My daughter is unable to sleep also and was sitting with me, then started to vomit. I may be wrong but I put this down to stress.

I have recalled another thing that the woman said to me, "your daughter has became incompetent since shes been pregnant"

How dare this woman cause all this stress.

**pompeyfaith** · 6 July 2011, 02:02

Re: Daughters Employer Doesn't Give Holiday Pay

CheeryCup,

Yes that is more than likely stress related and or the more reason for her to go see the GP as soon as.

If you have a printer I would print these pages off just before you go see someone about getting this sorted out.

If you look at thread tools just above your last post click that and then the drop down will show a tab called printable version clicking that will bring up a printable version of these pages.

Regards

**pompeyfaith** · 6 July 2011, 02:08

Re: Daughters Employer Doesn't Give Holiday Pay

"your daughter has became incompetent since shes been pregnant"

That is oral bullying and could be considered as Constructive Dismissal:

http://www.direct.gov.uk/en/Employme...al/DG_10026696

**CherryCup** · 6 July 2011, 02:29

Re: Daughters Employer Doesn't Give Holiday Pay

Thank you again Pompey,

I have forced my daughter to go to bed now. I am pretty sure she will not get much sleep if any at all.

She is now so worried about money and how she will be able to live. As she was dismissed we will have to find out if she will be entitled to any help. Maybe a trip to the Job Centre will help there.

She had been planning with her partner to rent a house together and have already got viewings planned to tomorrow niIght. Obviously her wage would have been taken into account. Not sure what will happen with that either now. They had been trying to do the best they could for the baby when it arrives and for themselves.

She has phone bills etc to pay, but how? She didn't get a lot of money just the NMW but it was enough for her to get by.

Although I would dearly love to help her out financially I just cant because of
personal circumstances.

I know we have to take this one step at a time, but anything and everything is going through my mind and hers.

What a complete and total mess. I have tried to sleep myself but even closing my eyes all I can see is that womans gloating, snarling and evil face.

**swanfan** · 6 July 2011, 06:23

Re: Daughters Employer Doesn't Give Holiday Pay

Originally posted by pompeyfaith View Post

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

With regards to Maternity pay, have a read here--> Maternity Allowance : Directgov - Money, tax and benefits

**caspar** · 6 July 2011, 06:42

Re: Daughters Employer Doesn't Give Holiday Pay

Hi CherryCup,

Firstly let me say how very lucky your daughter is to have a mum like you - one in a million, good on you.

Your daughter is entitled to holiday pay, no doubt about that. The calculations are complex, and it s not so simple as just being pro rata. It depends on a range of factors - age, length of service etc...

I agree with Pompey that getting your daughter checked over by a GP is important. There is another life being affected by all this stress and worry now.

In my reasonable history of dealing with employment disputes, I have always found one source better than any other - the unions.

The common union for pub workers is called Unite and they can be found here:

Unite calls time on long hours culture of pub managers

It would be well worth your daughter having a chat to them with a view to joining. They will be dealing with these exact issues day in, day out and should be able to provide substantial support not only over holiday pay and maternity pay, but many other issues as well.

I would suggest you seriously encourage her to talk to them and then, if she's happy, to join. The landlord and landlady will find it impossible to avoid their legal obligations with a union involved as the union will simply ensure legislation is adhered to.

**CherryCup** · 6 July 2011, 06:53

Re: Daughters Employer Doesn't Give Holiday Pay

Thanks swan for the link, we had already slightly had a look into SMA and MA. Problem being that they are all towards the end of the pregnancy, my daughter is 11 weeks pregnant.

**CherryCup** · 6 July 2011, 07:16

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Caspar,

Will it not be to late to join a union now since she has been dismissed?

My first plan of call is to our GP today and then thinking about the job centre to see if there is some sort of benefit she will be entitled to? All she kept saying last night/early hours of morning is how can she afford to live.

Without question she will stay with us and we can support her in every which way but financially.

Thank you for your kind words about being a good mother, but I am sure most mothers would do the same for their children.

I really do think that when my daughter has been checked out by our GP the next thing, when she is up to it may be to make notes of what was said etc last night whilst it is fresh in her mind.

**oscar** · 6 July 2011, 08:17

Re: Daughters Employer Doesn't Give Holiday Pay

Know this is a bit late now after pompey. You have already told her about ACAS so she should know you are serious. Personally, I would go back now she has (probably) calmed down and try to discuss it. If she still isnt interested I would leave and consult ACAS again (this looks better on your part) and then if no joy, a solicitor.

I think you have a rock solid case, as per pompeys comment above.

I think I am correct in saying that even if you joined the union now, it would be too late for this issue - unless she was to stay and it continued.

**jen_br** · 6 July 2011, 08:24

Re: Daughters Employer Doesn't Give Holiday Pay

OK, firstly you go to your GP who will probably deem your daughter unfit for work for a while down to stress.

Your daughter has NOT been fired because there are laws etc that prevent a loose cannon like your daughters boss from doing so.

YOu take said sick note and hand it in at the pub post it if you want.

You call acas. Your daughter has passed her probation there needs to be structure (discpline etc) before you can fire someone jsut like that.

you also go to Job centre they can advise you of JSA etc.

Your daughters boss has done you a favour by saying the above about her being a noodle since getting pregnant-- thats discrimination not shined upon so greatly.

There is a notice period that has to be taken into consideration for dismissal.

Put it this way your daughters ex boss is in for a wave of issues.

**charitynjw** · 6 July 2011, 09:02

Re: Daughters Employer Doesn't Give Holiday Pay

Hi SC,

Google Morrow v Safeway Stores plc [2002] IRLR 9

**charitynjw** · 6 July 2011, 11:51

Re: Daughters Employer Doesn't Give Holiday Pay

You might like also to refer to 'Buckland'.
Once the 'damage' is done, the employer cannot legally 'make things right' unless the employee agrees to it.

http://en.wikipedia.org/wiki/Bucklan...uth_University

**CherryCup** · 6 July 2011, 13:09

Re: Daughters Employer Doesn't Give Holiday Pay

A very quick update. The employer rang ME this morning not my daughter. Claimed she will not admit to the sacking. But then said it will be hard for my daughter to work there, said it would be best for my daughter to now go on infedinate sick so she will get money but not have to work there.

Spoke to ACAS not much help yet again. Because the dismissal has been "retracted" if my daughter doesnt want to work there now she has to resign.

We are going to have a meeting with her this afternoon but its pretty much stalemate.

Oh ACAS said that if my daughter intended to go for unfair/constructive dismissal she would need a solicitor and we couldnt go the the Employment Tribunal.

**Never-In-Doubt** · 6 July 2011, 13:17

Re: Daughters Employer Doesn't Give Holiday Pay

Hmm,

No the employer has now crossed the line and basically sacked your daughter and now, no matter what they say - you stick to the fact that she scared your daughter and being she's pregnant and having to put up with this psycho bitch from hell, she'd have every right not to return.

Employees do have rights, you need to be speaking to someone that specialises in this - can you not speak to a local employment legal expert? They may well do pro-bono or no-fee so to speak..?

ACAS are more mediation, however your daughter needs to seek professional help. Seriously, stop speaking to the employer - if she calls back say you're dealing with lawyers and they'll hear from you in due course, via the lawyer. then hang up

That will shock them into thinking, shit, we've messed up here..... they may then make an offer of cash or something to walk away. However stop talking to them, thing is you have a lot of rights here, and so get to a solicitor and stop wasting time on here

serious, it's what you need to do!

**Never-In-Doubt** · 6 July 2011, 13:18

Re: Daughters Employer Doesn't Give Holiday Pay

Originally posted by charitynjw View Post

Hi SC,

Google Morrow v Safeway Stores plc [2002] IRLR 9

even better, this lists all the cases with links to bailii etc as well:

---> Chapter 3 - Contracts of Employment

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