Small business employment law

Takeaway_Addict

skyela wrote: »

Thank you for all of your replies, it's very helpful.

I am supposed to work 32 hours a week(the opening times of the business) but often an hour or two before my shift is due to end, they say to go home early ... This happens usually at least twice a week.

The holiday was a Christmas present, I didnt book it myself and I appreciate what you've all said about it. I was wondering more about her reasoning for not having earned the holiday as it would be 2.5 months into the financial year. My thoughts was that it was based over a year , not that you would have to wait 5 months to be able to book a two week holiday for example..

They closed for nearly 2 weeks two months ago and are due to close again in January for another 2 weeks, both unpaid.

The lack of contract has always been a worry , I was always assured by other people working there that no one has one, I should have pressed more for one at the time I guess.

Thank you

You just ignored the very first reply to your question...

sangie595

Takeaway_Addict wrote: »

You just ignored the very first reply to your question...

To be fair, I think they meant "written contract", which of course doesn't actually exist anyway - they mean the written statement of main terms and conditions. People usually don't understand that that isn't "the contract" - and that includes employers! Most people don't understand even the most basic elements of employment law. And half of those that think they do are assuming things that don't exist! I've always thought that, as with managing money, this is something that should be part of education in schools. I don't think it's unreasonable to spend some time in the curriculum equipping people with even a small understanding of some of the real world issues that will make up the majority of their lives. Some of our local schools have an agreement with our union, and have trainers from the union who do this - but it's a drop in the ocean. Most people are thrown into the world of work without a clue as to their most basic rights - although it still amazes me, in an information age, how many never ever think that's a problem and do something about it!

getmore4less

skyela wrote: »

Thank you for all of your replies, it's very helpful.

I am supposed to work 32 hours a week(the opening times of the business) but often an hour or two before my shift is due to end, they say to go home early ... This happens usually at least twice a week.

The holiday was a Christmas present, I didnt book it myself and I appreciate what you've all said about it. I was wondering more about her reasoning for not having earned the holiday as it would be 2.5 months into the financial year. My thoughts was that it was based over a year , not that you would have to wait 5 months to be able to book a two week holiday for example..

They closed for nearly 2 weeks two months ago and are due to close again in January for another 2 weeks, both unpaid.

The lack of contract has always been a worry , I was always assured by other people working there that no one has one, I should have pressed more for one at the time I guess.

Thank you

the issue with all the holiday rules is the right of the employer to say when you can take holiday effectively makes most of the other rules redundant.

Statutory 1st year accrual in the absence of a contractual version is 1/12 of the holiday on the 1st of each month.

2/12 of statutory(holiday in feb of a Jan-Dec holiday year) would be 5 days(4.66 rounded up as that's the rule).

It is becoming clear this job and you don't fit, if you try to push the main points on particulars of employment, hours, holiday, pay etc. points I think you will probably be moved on.

contractual hours.
You think you were to work 32hr pw but clearly they want variable hours are are not paying when not working do you want to push on that point?

closures
A variation on the above if you want paying their first option is use holiday and that leaves you with none and probably owing them if you leave.


if you don't like this variable hours contract you seem to be on then time to consider if you accept/stay or try to improve the terms or just move on.


In the absence of anything that said otherwise(interview, offer, etc) you are on 1 weeks notice.

I would be looking for another job and be ready to resign a week before the holiday even if not found one.

I have no idea if you are in a financial position to do that.