Daughters Employer Doesn't Give Holiday Pay

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

This is a tricky area of Employment Law. Firstly, does a legally-binding contract exist? If so, is it a contract of employment (aka contract of service), or is it a contract for services?

This has been described as a 'troublesome question', but very important as the former can give many statutory rights.

[charitynjw]

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....

With reference to Lord Jackson's recent proposals, last I saw, this is due to be raised to 2 years.

[CleverClogs (RIP)]

Re: Daughters Employer Doesn't Give Holiday Pay

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 how many legs?

[CleverClogs (RIP)]

Re: Daughters Employer Doesn't Give Holiday Pay

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.

On which Tuesday?

[Never-In-Doubt]

Re: Daughters Employer Doesn't Give Holiday Pay

With reference to Lord Jackson's recent proposals, last I saw, this is due to be raised to 2 years.

Wasn't it 2 years before, then they reduced it to one year again? Now they want it back at 2 again? Weird......

[charitynjw]

Re: Daughters Employer Doesn't Give Holiday Pay

Yep - whether it's a good or bad move depends on whether you're an employer or employee, I reckon!!

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi all,

Sorry for not updating any sooner. We have had a busy weekend and rather busy week so far. Went to my daughter 13+ week scan yesterday and everything is going well there

Well last Friday my daughter walked into the pub (very proud of her ) and got her cheque. The landlord asked her not to say anything to others about the mess as he is trying to sort it out.

Needless to say my daughter did not reply and was diverted by a regular asking how she is keeping.

We have finally spoken to a solicitor from the law society, he was a lovely pleasant man who said that my daughter most certainly has a case of discrimination and constructive dismissal.

Due to the cheque my daughter got last week and its just down as holiday pay the solicitor has booked an appointment for 23rd August to see my daughter. He has done this due to my daughter needs the last months worth of payslips to prove her income and the lump payment for her holiday pay would've taken her over the threshold.

We have to ring him any time from now till then if we have any more problems. He is especially keen for us to contact him if my daughter has no sick pay to pick up this weekend.

I shall keep you all updated and thanks to each and everyone one of you again for all your help, advice and kind words.

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Due to the cheque my daughter got last week and its just down as holiday pay the solicitor has booked an appointment for 23rd August to see my daughter. He has done this due to my daughter needs the last months worth of payslips to prove her income and the lump payment for her holiday pay would've taken her over the threshold.

Sorry the last bit should have read, the cheque would take my daughter over the threshold for legal aid.

[MrsD]

Re: Daughters Employer Doesn't Give Holiday Pay

Glad things are looking a bit better, sounds like landlords have dawned that they could be in some trouble, all to the good for your daughter, no wonder he doesn't want her to discuss with anyone!!! the holiday pay is around 4 years worth and she will probably need something to explain that from the LLs, she should be getting a proper payslip every week/month, they are breaking the law if they don't do this. Good luck and keep us up-to-date.

[avise]

Re: Daughters Employer Doesn't Give Holiday Pay

It’s awful that employers can do this to people, and still expect people to be content in their jobs.
It is illegal, but they know they can get away with it because the process to enforce the law is way too complicated, expensive, time-consuming and difficult

I am an agency worker, my agency don’t pay me full holiday and never have done. The most they give me is two weeks, and always mess me around. I am full time and work a full week, so should be entitled to 5.6 as standard. However my agency refuses to pay! They bullshit me on the phone, and never reply to my emails, I have even taken the complaint to the head office and further up to the regulator “REC” but simply got no reply from two applications that I emailed to the so called regulator, after no reply I sent the second application a month later but still nothing. The next step is to take it to an employment tribunal but this will take three months to go through, that’s a long time and a lot of extra work or effort. I am currently looking into alternatives like making YouTube videos and blogs to warn others about this company, so beware of this agency! The agency is called “meridian business support” has anyone else experienced the same thing from these people?

[SXGuy]

Re: Daughters Employer Doesn't Give Holiday Pay

I would be careful of posting any youtube videos or comments regarding a company in a public forum unless you want to be sued for liable.

What i would do firstly, is go down the CAB, and get them to write a letter to the agency, of course CAB have no powers but they are free, and it might make your agency play fair.

If you work 5 or more days a week, then you are entitled to 28 days, no excuse.

[pompeyfaith]

Re: Daughters Employer Doesn't Give Holiday Pay

It’s awful that employers can do this to people, and still expect people to be content in their jobs.
It is illegal, but they know they can get away with it because the process to enforce the law is way too complicated, expensive, time-consuming and difficult

I am an agency worker, my agency don’t pay me full holiday and never have done. The most they give me is two weeks, and always mess me around. I am full time and work a full week, so should be entitled to 5.6 as standard. However my agency refuses to pay! They bullshit me on the phone, and never reply to my emails, I have even taken the complaint to the head office and further up to the regulator “REC” but simply got no reply from two applications that I emailed to the so called regulator, after no reply I sent the second application a month later but still nothing. The next step is to take it to an employment tribunal but this will take three months to go through, that’s a long time and a lot of extra work or effort. I am currently looking into alternatives like making YouTube videos and blogs to warn others about this company, so beware of this agency! The agency is called “meridian business support” has anyone else experienced the same thing from these people?

We all are going to have to get used to this as it is about to get a lot worse with all employee rights stripped for a few few shares in return.

Now we all know this is not right but their is nothing we can do unless we rise and stand up to the Govt but that does not look like it is happening anytime soon.

[oscar]

Re: Daughters Employer Doesn't Give Holiday Pay

It’s awful that employers can do this to people, and still expect people to be content in their jobs.
It is illegal, but they know they can get away with it because the process to enforce the law is way too complicated, expensive, time-consuming and difficult

I am an agency worker, my agency don’t pay me full holiday and never have done. The most they give me is two weeks, and always mess me around. I am full time and work a full week, so should be entitled to 5.6 as standard. However my agency refuses to pay! They bullshit me on the phone, and never reply to my emails, I have even taken the complaint to the head office and further up to the regulator “REC” but simply got no reply from two applications that I emailed to the so called regulator, after no reply I sent the second application a month later but still nothing. The next step is to take it to an employment tribunal but this will take three months to go through, that’s a long time and a lot of extra work or effort. I am currently looking into alternatives like making YouTube videos and blogs to warn others about this company, so beware of this agency! The agency is called “meridian business support” has anyone else experienced the same thing from these people?

I have worked for that agency previously with no issues. I know they have two offices in Chester, but am only familiar with one.

I would look into the Agencies Employment Act 1973. I had to complain about an agency years ago as they wouldnt pay me for work I had done. Back then, it used to be the DTI you complained to, I dont know who it is now.

Dont know if they still have them, but the JobCentre used to have the booklet form of the Act.