Franchisee rights / time off

P.nimoy

So not sure if this is the right place to post. I e lurked around these forums but never needed to post myself until now.

I have a franchise and deal with an area manager from the franchiser. I’ve had a few ongoing background issues with the company but we tend to get along okay and the area manager is friendly enough. Me and my wife were pregnant but late last week my wife took I’ll and long story short we found out on Monday we had a miscarriage. I had told the area manager this. I didn’t use the word miscarriage but did tell the, we were worried and would get news Monday...they knew we were pregnant already.

I obviously need some time off and had said on Friday this would be the case, but today, we’ll tues afternoon, he calls me. He’s chasing some outstanding paymnent. The background to that is king and messy but the isssue seems to be with them and not me nor my bank and I have shown proof of that.

But anyway, surely I’m entitled to be left at peace for a few days at least? Is there any relevant law? I’m fuming tbh. My head is a mess as our plans and hopes are ruined.

I now have to go back to the bank tmw and sort this issue for the third time.

Sorry if not relevant, but thanks in advance fir any advice.

Savvy_Sue

I am sorry for your loss.

However, your rights as a franchisee are whatever is set out in your contract. And that's unlikely to cover time off for compassionate reasons.

Even if you were employed, an employer hassling you in this situation would be acting insensitively, but there's no law against that.

What arrangements do you make when you go on holiday? Or are you expected to be always available, regardless of where you are?

P.nimoy

Thanks for the reply.

If I’m away I have all my day to day stuff sorted and everything else is left to a manager I employ.

The current issue is them hassling over payments because their mandate is being rejected at bank. I had to go sort today, but after 8 years as a franchisee and 20 years working for the company in other capacities I would think a little compassion would be fine. It’s nit like they need the money because they’re huge and worse case they actually have over £40k of my cash for a deposit towards buying the place...so they could just take that if I disappeared.

I just feel really let down. They’re one of the biggest employers here too and bill themselves as a family values / friendly company. Bottom line cash seem to be all they care about.

I guess I’m ranting now but maybe it’s a look at legal advice to sort.

Pennywise

P.nimoy wrote: »

maybe it’s a look at legal advice to sort.

Surely it'll take you longer to make an appointment and go to meet a lawyer than it would to just go to the bank to sort out the money you owe them?

P.nimoy

The issue isn’t the cash. It’s there. The issue is that my first line of contact had been told I had personal issues and explained what they were yet they hounded me for payments which were less than 5 days late. These were also late because of their mandate failing, nothing on my end...they had to reinstate it.

unforeseen

Just to clarify, you have a business contract with them. It is not an employer/employee relationship.

They are expecting you to run things in a businesslike manner in accordance with the contract that you have with them. Compassion doesn't come into it. Payment was 5 days late so they chase as they would with any other franchisee or business.

Savvy_Sue

P.nimoy wrote: »

I guess I’m ranting now but maybe it’s a look at legal advice to sort.

Honestly, I don't see what legal recourse you have.

unforeseen wrote: »

Just to clarify, you have a business contract with them. It is not an employer/employee relationship.

They are expecting you to run things in a businesslike manner in accordance with the contract that you have with them. Compassion doesn't come into it. Payment was 5 days late so they chase as they would with any other franchisee or business.

This. Yes, someone behaved very insensitively. Yes, they could have handled this better. But there's nothing legal about it: it all comes back to your contract as a franchisee, and that's not going to say anything about situations like yours.

P.nimoy

unforeseen wrote: »

Just to clarify, you have a business contract with them. It is not an employer/employee relationship.

They are expecting you to run things in a businesslike manner in accordance with the contract that you have with them. Compassion doesn't come into it. Payment was 5 days late so they chase as they would with any other franchisee or business.

No you’re missing the point. I know I’m not an employee, I’m not a moron. The issue is that an employee would be better treated. The payment is late because of an issue on their end, not mine, yet I’m the one who gets the hassle. The bank told me today it wasn’t anything I can sort.

Business like manner. It is ran that way! I needed some personal time. This is t such a hard concept to grasp surely?

P.nimoy

Savvy_Sue wrote: »

Honestly, I don't see what legal recourse you have.

This. Yes, someone behaved very insensitively. Yes, they could have handled this better. But there's nothing legal about it: it all comes back to your contract as a franchisee, and that's not going to say anything about situations like yours.

See there is issue here which could be legal. They have access to some other funds of mine so didn’t need me to do anything. Our agreement also permits me ‘fair enjoyment’ within the agreement. I also cannot be expected to be available 24hrs per day. If they had a true issue then they should have taken it to firmal letter writing.

Maybe won’t have a legal leg to stand on but when I write this it was out of exasperation. I’ve just had a horrendous few fpdays and more to come. The franchiser always tells new and prospective franchisers how much they value family, etc etc etc. They don’t.

Savvy_Sue

P.nimoy wrote: »

The issue is that an employee would be better treated.

Possibly, but not necessarily. Employers are not legally required to grant compassionate leave, and some behave like complete [insert your own choice of rude word here].

But you are not an employee, you have taken on the risks and hopefully rewards of a franchise. So what an employer might be legally required to do is completely irrelevant in your situation.

P.nimoy wrote: »

See there is issue here which could be legal. They have access to some other funds of mine so didn’t need me to do anything. Our agreement also permits me ‘fair enjoyment’ within the agreement. I also cannot be expected to be available 24hrs per day. If they had a true issue then they should have taken it to firmal letter writing.

Maybe won’t have a legal leg to stand on but when I write this it was out of exasperation. I’ve just had a horrendous few fpdays and more to come. The franchiser always tells new and prospective franchisers how much they value family, etc etc etc. They don’t.

Look, you're the one who can see your franchise agreement: we can't. You're stressed, you're exasperated, they've behaved badly, they could have done X or Y but instead they did Z: we get that.

But please, forget any 'legal' challenge. By all means write a letter setting out how disappointed you were with what they've done, why it wasn't necessary, and how much it upset you at a very stressful time. By all means ask them to show how much they value family by behaving more considerately in future. But really, this sounds like displacement activity: you're powerless to change your loss, so you're trying to do SOMETHING, ANYTHING, to make you feel better. But right now, nothing will.

https://www.miscarriageassociation.org.uk/

soolin

Can I just echo some of the points above. It is obviously a distressing time for you and I am sorry for your loss, but there is no link between a business and personal issues.

You are behind with your contractual payments, that is a business issue and needs to be sorted.

Incidentally the idea that if you were an employee it would be different is not the case. As someone with several miscarriages in my younger days I can assure you that no special treatment exists. MY OH was given no time off at all and even I went back to work the day after leaving hospital with the first of them.

This is a distressing time for you, but don't allow this to spoil your business relationship , going to legal recourse too quickly could destroy the future of your franchise . Try and spend a little time today sorting out your contractual payments , that was at least you get them off your back and don't risk losing the lot due to any perceived breach of contract.