Advice needed re working hours

SarEl

I can very much appreciate that he doesn't want to rock the boat and risk his employment by asking for a contract, and I know exactly how things can be in a small village. But he really is entitled to some paid holidays. Without being clear on his contractual position, then none of us can give an absolutely accurate answer about this, but is it going to rock the boat too much to just ask the landlord? It doesn't have to be done in a "this is my entitlement" sort of way. Could he not mention that you have asked him to go away with you and he was wondering about his paid holidays and if he had enough saved up? Obviously, if the landlord says he doesn't get paid holidays, at that stage he has to decide whether his entitlement is worth fighting for, and suspect given the circumstances you have described, he may not be willing to risk his job or other local employment prospects to do so. That is his choice. But equally, in a small village a lot of things get done "informally" and it is just possible that the landlord hasn't been paying attention - he hasn't been asked so he has never given it any thought. I am not saying that is the right way of going about things - just that it happens.

SarEl

oldtractor wrote: »

He said,when asked this morning,that he takes the days as holidays as he needs the 7 day a week to make ends meet,which is true.

PS - can you just clarify this - you say that he takes the days (presumably the Saturdays) as holidays because he needs the seven days a week to make ends meet - which suggests that if he needs 7 days wages to make ends meet he is being paid for these days as holidays, otherwise this doesn't make sense. If he isn't being paid then he would still only be getting 6 days wages.

paddedjohn

SarEl, no matter what hours a worker does they are still entitled by law to 5.6 weeks paid leave per year, this does not just apply to full time workers. A part time worker who works 2 days a week is entitled to 5.6 weeks paid leave at 2 days pay per week.

SarEl

It really depends on your interpretation of words - a part-time worker is entitled to 5.6 weeks pro-rata, not 5.6 weeks holiday. Not everybody who works part-time works such convenient shifts as you suggest - which is why the netitlement is pro-rata

paddedjohn

Even if a worker only works 2 days a week they are entitled to 5.6 weeks leave, although the total may be 11.2 days these can only be taken at 2 days a week, therefore even prorata, everyone is entitled by law to the 5.6 weeks as the part time worker can not take more than 2 days leave in any one week.

Savvy_Sue

paddedjohn wrote: »

Even if a worker only works 2 days a week they are entitled to 5.6 weeks leave, although the total may be 11.2 days these can only be taken at 2 days a week, therefore even prorata, everyone is entitled by law to the 5.6 weeks as the part time worker can not take more than 2 days leave in any one week.

However, that 5.6 weeks leave is based on a 5 day week, so if the OP's son works 7 days pw, they're only legally entitled to 5.6 x 5 days, not 5.6 x 7 days.

paddedjohn

Savvy_Sue wrote: »

However, that 5.6 weeks leave is based on a 5 day week, so if the OP's son works 7 days pw, they're only legally entitled to 5.6 x 5 days, not 5.6 x 7 days.

i covered that in my earlier post #12;)

Savvy_Sue

paddedjohn wrote: »

i covered that in my earlier post #12;)

sorry, you may well have done, but a) I didn't read back that far to refresh my memory and b) in the later threads that distinction seemed to be being lost!