Daughters Employer Doesn't Give Holiday Pay

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

No, I meant that he was a bit of a heel.

Hmmmm.....looked like a helmet to me.....

(Sorry Cherrycup, we seemed to have gone a tad off subject.......I'll be getting a from 'The Management' )

[garlok]

Re: Daughters Employer Doesn't Give Holiday Pay

Sorry you didn't get the cheque today. Its appalling behaviour on the employers part. However in general most reputable solicitors will give you a 30 minute free consultation. So I would take up on the information you have been given.

I think the employer could be heading for more trouble as I have this evening had a chance to take a quick look at a book on employment law in a local store. They need to have contracts of employment in place, they have no escape from that. And I still think a word in the ear of HMRC really would not come amiss.

Disappointing today but take the legal advice if you can get it and Friday would be my last deadline for settlement if it were my dilemma. Then i would look to take whatever action I could.

best regards and remember we are only a few clicks away as pompey says.

Garlok

[pompeyfaith]

Re: Daughters Employer Doesn't Give Holiday Pay

CherryCup,

You are welcome, and yes as I said at the start my knowledge of employment law is not great however I started you off with a few links being as it was as you say early morning.

I did that in the hope that the more knowledgeable will be along to assist later in the day, that proved to be the case (thanks guys).

You are getting the right help from a forum point of view as well as help from other sources.

I am glad that your daughter went to the GP as that does now give her some breathing space and you can both now plan a way forward.

Sorry about the spat that went on in your thread as that was uncalled for, however that matter is now sorted and we can carry on as before in giving you the knowledge to empower yourself.

Regards

[CleverClogs (RIP)]

Re: Daughters Employer Doesn't Give Holiday Pay

On checking back through the postings (as one does) to see if the landlord had specified on which Tuesday he'd have the cheque for the arrears of holiday pay - he hadn't - I found the following:

Hi Garlok,

You may possibly answered some of the things my brotherinlaw was thinking about last night.

He was thinking how has anyone looking over the books never raised any queries as to why there has been no holiday leave paid.

You are right in saying the whole thing stinks, we certainly smelt a rat in the light of things.

Something that the employer said to my daughter at the meeting is what prompted my brotherinlaw to smell a rat also.

Employer has asked my daughter to look after the pub whilst they had a holiday within the next few weeks. However at the meeting she claimed that it was not a holiday and in fact they were going to get married, but would be now be unable to fund it!

Has this been properly resolved?

Is the pub a limited company - which might explain the odd way that the wages are handled by an off-site "accountant" - or is it just a sole proprietor or a partnership of some sort? If the landlord's wedding was being funded from the same pot as the improperly withheld holiday pay, that would seem to suggest that it was not a limited company or, if it is a limited company, it is one with some quaintly Maxwellian accounting practices and the account books may be a little singed or scorched around the edges from having been toasted once too often.

[garlok]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi CC,

A point I must admit I overlooked, thanks for bringing it up. As a limited company the accounting practices would have to conform to the Companies Act 1986 and subsequent amendments, however when the rules changed I think 2008 which brought just about every activity known to man under the umbrella of the Corporation Tax regulations, its a wise business that heed and adopts the proper accounting practices.

regards
Garlok

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Everyone,

Its my daughter 21st Birthday today

The landlord telephoned me this morning to say that my daughters wages are ready for her, including this cheque. However he went on to say that SHE has to go in for them as she needs to sign a contract.

I did tell him that it as we have friends and family coming today with cards and gifts and it would probably be tomorrow.

No sooner did I hang up the phone and he rang back to say he was going out within the next 30 minutes and wouldn't be back in the pub. He then said that he wants my daughter to go along for 10am tomorrow morning.

Firstly can he force her to be there, considering she is on the sick?
Will he be allowed to withhold her wages/cheque until she signs this contract?
Does my daughter have to sign the contract there and then or can she ask to raing it home to read through properly?

One of the other workers rang my daughter to wish her happy birthday and my daughter mentioned this contract she needs to sign. The other girl said no contracts have been mentioned to anyone else and she was just in doing a shift last night.

Thank you for your help yet again. You have all been brilliant

[jen_br]

Re: Daughters Employer Doesn't Give Holiday Pay

You have the right to take the contract home and have a look at it. Your daughter DOESN'T have to go in when shes been signed off, he can send the documents by post or your daughter can nominate someone to go in.

He can't with hold sh*t

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi CleverClogs,

We believe that the pub belongs to the Brewery and she is a licensee? Well its her name over the door.

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

You have the right to take the contract home and have a look at it. Your daughter DOESN'T have to go in when shes been signed off, he can send the documents by post or your daughter can nominate someone to go in.

He can't with hold sh*t

Wow thanks Jen for your quick reply.

I maybe be wrong but in the way he spoke to me it sounded as if he was saying, no contract signed no wages.

We had thought getting my husband to call in at the said time tomorrow, asking for my daughters wages (he's never opposed to this before) and asking for the contract so my daughter can read and sign it.

Seems he is trying to put right all the wrongs he has done, but to me its all too late!

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

On checking back through the postings (as one does) to see if the landlord had specified on which Tuesday he'd have the cheque for the arrears of holiday pay - he hadn't - I found the following:

Has this been properly resolved?

Is the pub a limited company - which might explain the odd way that the wages are handled by an off-site "accountant" - or is it just a sole proprietor or a partnership of some sort? If the landlord's wedding was being funded from the same pot as the improperly withheld holiday pay, that would seem to suggest that it was not a limited company or, if it is a limited company, it is one with some quaintly Maxwellian accounting practices and the account books may be a little singed or scorched around the edges from having been toasted once too often.

Are you suggesting that it might be a dodgy 'cheque'?

[pompeyfaith]

Re: Daughters Employer Doesn't Give Holiday Pay

CherryCup,

Just like to say: A very happy 21st birthday to your daughter.

Regards

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

The employer has no right to demand she attend any interview to sign any contract whilst she has a doctors note covering her. If it is that important he needs to send it via royal mail, however in any case I would suggest that she refuses to go alone and instead tells the landlord she will run it by her solicitor who is looking into her grievance case and then she will decide what to do.

I can see what they are trying to do, get her to sign a contract that benefits the pub (not her) thus when she refuses they can then get rid - however they cannot so their trail of thought is slightly flawed anyway.

Point is, tell daughter whenever she goes near that place again to take a neutral witness so not you nor hubby, it has to be a neutral who could witness the events of said meeting and yes, she is entitled to take someone into any formal meeting with her.

I would tell the landlord that he ought to post the things out, including the cheque, and you'll be in touch via your solicitor at a later date once your daughter has been signed back into work.

No more phone calls, you really need to start documenting things and fighting from a legal perspective by taking this to a solicitor.....

Your daughter, based on your thread content, has a very good case for constructive and/or unfair dismissal (if it comes to that)....

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Thank you Pompey

Thanks Niddy

My daughter is in the process of seeing a solicitor. We contacted the law society last week and a solicitor was supposed to contact her this week sadly that did not happen. I have just rang them again and we should hopefully have a phone call on Tuesday.

My daughter has also rang another solicitor and we are waiting on a phone call back to see when they can fit her in for the 30 minutes free advice.

We did start a diary which we tend to keep things noted in there.

[CleverClogs (RIP)]

Re: Daughters Employer Doesn't Give Holiday Pay

You have the right to take the contract home and have a look at it. Your daughter DOESN'T have to go in when shes been signed off, he can send the documents by post or your daughter can nominate someone to go in.

Exactly so; they are playing at another variant of Silly Buggers.

He can't withhold sh*t

Can he not?

Has he tried loperamide capsules?

[CleverClogs (RIP)]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi CleverClogs,

We believe that the pub belongs to the Brewery and she is a licensee? Well its her name over the door.

She could be the licensee regardless of who owns the business and/or regardless of how the business is owned.

The Land Registry will, for £4, tell you who owns the building - link.