Daughters Employer Doesn't Give Holiday Pay

[CleverClogs (RIP)]

Re: Daughters Employer Doesn't Give Holiday Pay

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'?

Although it was supposed to be a fat cheque, it was just the apparently odd funding arrangements that reminded me of the fat, bouncing Czech.

[garlok]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi CC,

Catching up with all the news. Congratulations to her on her birthday!! I think the time has now come to start putting things on a much more formal footing. Clearly they want your daughter around for interview and contract signing so that they can browbeat her. Firstly that contract CANNOT be retroactive or retrospective in any way. The wrong that has been done cannot be righted and the contract can only run from the date of signature, if indeed she agrees to sign it. Any and all contracts of any kind can be taken away, advice sought, studied and clauses removed/reworded before any signatures take place. They cannot withold the outstanding holiday pay cheque because of their own wrongdoing. And please do not sign it unless you are really happy with it.

Another little bit of do-do you can whisper in their shell like ears if you are really up for it and that is to suggest that as she is the landlady you may raise objections with the licensing magistrates the next time she comes up for renewal for being in breach of the Employment Laws etc. rendering her unfit to run licensed premises.

Do try though to get legal advice on this and then only commuincate via your legal representative. I am surprised that they have dragged their feet. Try putting "employment solicitors" into your search engine, see who is local(ish) to you, draw up a short list and do some phoning if you can't get in quickly. Some distance ones will often help as well via letter, e-mail, and telephone.

Hang in there, you have moved it a long way so far.

regards
Garlok

[stevieb]

Re: Daughters Employer Doesn't Give Holiday Pay

I could be wrong .. but a long time ago when one of my employers didn't issue me with a contract of employment, I'm sure I read a rule/law that said "if a contract of employment was not issued within three months of starting work, then you could write your own?"
I know I did on the occasion I am referring to, but then I tend to play things how I see it

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

I could be wrong .. but a long time ago when one of my employers didn't issue me with a contract of employment, I'm sure I read a rule/law that said "if a contract of employment was not issued within three months of starting work, then you could write your own?"
I know I did on the occasion I am referring to, but then I tend to play things how I see it

Hmmm, old draconian law me thinks

Next we'll be allowed to take out Scottish people in York so long as it is after 12 midnight and they are on a horse with one arm and you happen to have a bow and arrow....

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

A horse with one arm?

[stevieb]

Re: Daughters Employer Doesn't Give Holiday Pay

Hmmm, old draconian law me thinks

Next we'll be allowed to take out Scottish people in York so long as it is after 12 midnight and they are on a horse with one arm and you happen to have a bow and arrow....

"You have to give them a written statement of their terms and conditions of employment within two months."

so i was close its 2 months :P

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

Yep - a statement of particulars of employment

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

Yes but I don't think you can write your own legally binding terms, that is a little preposterous to say the least! It may well be true, but with the legal framework the way it is right now I can see it causing a world of problems; you still have little rights (in way of tribunal) unless you're 12+ months in - so therefore if you pull a stunt like this they'll just get rid - with no comeback!

Unless there is some case law to back this theory up, I would not entertain it as it's one of those costly laws that really needs re-looking at as the utter nonsense that it really is....

[stevieb]

Re: Daughters Employer Doesn't Give Holiday Pay

Yes but I don't think you can write your own legally binding terms, that is a little preposterous to say the least! It may well be true, but with the legal framework the way it is right now I can see it causing a world of problems; you still have little rights (in way of tribunal) unless you're 12+ months in - so therefore if you pull a stunt like this they'll just get rid - with no comeback!

Unless there is some case law to back this theory up, I would not entertain it as it's one of those costly laws that really needs re-looking at as the utter nonsense that it really is....

dunno as I said it was a long time ago 15+ years. and the company never contested them, but then I did keep the contract pretty much as it should be and didnt take the mickey.

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

dunno as I said it was a long time ago 15+ years. and the company never contested them, but then I did keep the contract pretty much as it should be and didnt take the mickey.

Haha, this must have been when you were a good lad then, yes? When was that - 15 years ago? Nah, steve good - never, surely not possible..... is it?

[stevieb]

Re: Daughters Employer Doesn't Give Holiday Pay

Haha, this must have been when you were a good lad then, yes? When was that - 15 years ago? Nah, steve good - never, surely not possible..... is it?

I quite liked the job and wanted to protect my own interests in it!!

Contracts of employment

pretty much everything you need to know about contract of employment. both express/implied HTH

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

http://www.direct.gov.uk/en/Employme...ions/DG_175704

Quite right though, Niddy, a 'unilateral' contract would be fairly useless unless you could prove in the balance of probabilities that the other party has accepted the T & C's.

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

I quite liked the job and wanted to protect my own interests in it!!

Contracts of employment

pretty much everything you need to know about contract of employment. both express/implied HTH

Thanks mate - thing is, as I thought, they both refer and relate directly to common sense so whilst you cannot legally create your own terms, implied terms would fit the bill in that they are the common sense approach to that employment type, ie if you work in a pub then don't get pissed every night or if you're a copper don't snort coke (it'll be messy and get your shirt dirty).....

I can't imagine being able to tell my employer that I'm working when I want and for whatever rate I want - hey, you're in the same boat - otherwise you'd be claiming double rate sick pay from yours right now

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

http://www.direct.gov.uk/en/Employme...ions/DG_175704

Quite right though, Niddy, a 'unilateral' contract would be fairly useless unless you could prove in the balance of probabilities that the other party has accepted the T & C's.

Pretty much falling into implied terms category then?

[stevieb]

Re: Daughters Employer Doesn't Give Holiday Pay

I can't imagine being able to tell my employer that I'm working when I want and for whatever rate I want - hey, you're in the same boat - otherwise you'd be claiming double rate sick pay from yours right now

No I am self employed .. there is a difference in the 'terms of employment'
as in I say when I am available to work and what work I want to do, If I really don't want to do something I won't simple as

As for sick pay being self employed I don't get that from the employer (as I don't have an employer as such) I am free to work for whoever/whenever I see fit (or who pays me the most )