Advice needed re working hours

oldtractor

My son works in the local pub. He is 23. he has worked there for 18 months. He does 6 hours a day 7 days a week. sometimes he works a 12 hr shift if someone doesnt turn up for work. He doesnt have a contract.

His young son visits him [and us,my son lives at home with me and DH] once a month on a saturday sleeping over and going home sunday.My son doesnt work on this saturday but does the later shift in the pub on the sunday. [ infact one month my grandson couldnt visit and when I asked why it was because my son had to go into work to cover sickness.]

I have just asked him if he could take a fortnight holiday to go away with us and he says he takes the saturdays my grandson visits as holidays, and doesnt think he has enough days,
Is this legal,are the pub right in doing this?

kingfisherblue

Your son is entitled to paid holidays - a full time employee would get 28 days (this can include bank holidays). 6 hours multiplied by 7 days is 42 hours, so I would say that is full time. Does your son get paid for the shift that he doesn't do?

oldtractor

no,he's only paid for the hours he works. ETA I need to find out about the holiday pay situation.

Torry_Quine

As far as I am aware you have to have one 24 hour period off per week or one 48 hour period per fortnight.

SarEl

The key to this is not what hours he works - it is what hours his contract says he works. And I am sure that the next words out of the OP's mouth will be "he doesn't have a contract". But he needs to ask for his written statement of main particulars if he has not been given one, because this states the contracted hours and the amount of holiday he is entitled to. It is true that the WTD gives workers the right to one day off per week - but provided that no health and safety regulations are breached an employee is not bound to take it - they can, for example, work overtime. Workers can freely give up their entitlements.

oldtractor

Yes, I stated in the original post that he doesnt have a contract.

ohreally

oldtractor wrote: »

Yes, I stated in the original post that he doesnt have a contract.

You'll find a contract does exist. Could it be zero hours?

oldtractor

ohreally wrote: »

You'll find a contract does exist. Could it be zero hours?

I dont understand.

ohreally

He provides labour in return for a remuneration - a contract exists.

Under a zero hours contract the employer doesn't guarantee to provide work and then only pays for actual hours worked.

oldtractor

Thank you.

SarEl

This is what matters. A zero hours contract means that he has no contractual hours - he works as and when they employer wants. In which case he only accrues holiday when he works, and this means it is entirely possible that he has used his holiday in the way he describes. But I am afraid there is not option here - he has to ask the employer for a written statement of main particulars - he needs to know what his contractual terms are. We really can't help unless we know what these are, I'm afarid, as we are left guessing.