Told when to take my days off

vendee_2

Hi....The company I work for (Hotel) closed for 3 days this week due to electrical work being done. Full time staff managed to use their 2 days off or lieu days to cover but one of the girls who works part time (Tues to Fri) came back to work today and asked if she was going to get paid for the 2 days we were closed?? She was told she was given enough notice about the closure(2 wks before Xmas) to which she replied.... I was expecting to get a letter advising of the closure to which she was told ''there's no need to be ar***'' Can the business do this just by word of mouth or should everybody have had a letter?? By the way she does not have a contract....and neither does 75% of the hotel!!

hanny83_2

Is it a national chain?

vendee_2

hanny83 wrote: »

Is it a national chain?

Yes it is a well known hotel but all of them are individually owned and run by a manager

hanny83_2

Hmm this one is difficult because you don't have a contract, not sure whether you have any rights..... Shocking that they haven't provided you with a contract, have you asked them why you don't have one?

vendee_2

It is often asked but nothing is ever done! Its not until something like this happens that you start to think again about your contract

hanny83_2

Yes I totally agree! Perhaps you could pop to Citizens Advice about this, or are you part of a union? Employees have rights, unfortunately I'm not sure whether they count when you don't have a contract

VfM4meplse

Not sure that a written contract means that much anyway. If you are paid by an employer for a job as a permanent employee, you have rights, contract or no contract.

hanny83_2

Well in theory yes, you should have, but if you don't have properly contracted hours and days you are not entitled to be paid for any circumstances that are the company's fault that mean you can't work that day/s

Popsicle

Hi. Just because you dont have a written contract does not mean you don't have any contract. You will have entered into an implied contract which will be made up of verbal agreements and custom and practice. Unless you have any agreements in writing (including emails etc) it is often difficult to prove and it tends to be easier to argue through custom and practice (eg sign in sheets that show you have worked x number of hours, full holiday pay and sick pay being paid for the amount of hours you work on a daily basis and pay slips). How many hours does she normally work? How many is she working this week? Does she always work the same hours? If so, how long has she worked these for? Was she told how many hours she would be contracted for? If she has a zero hours contract then she will have been explained that she is not guarenteed any hours and therefore she would not be covered. Was she offered holiday for the days this week?

Sorry about all the questions!!! :-)

LittleVoice

Employment contracts do not have to be written to exist. Though there is a requirement for employers to provide written terms of employment.

In the absence of written terms which offer more than the statutory minimum, then statutory terms apply.

In relation to times for holidays then the employer needs to give twice as much notice as the number of days to be taken as holiday. For two days off they would have needed to give four days notice. They appear to have done that.

hanny83_2

Ooh we learn something new everyday