Franchisee rights / time off

2

Comments

  • P.nimoy
    P.nimoy Posts: 10 Forumite
    soolin wrote: »
    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.

    The payments are only behind because of an issue on ep their end which I already highlighted to them...yet I still had to go back to the bank to get them to say exactly the same thing.

    The relationship is done more or less. In my opinion the ball is in their court to make right.
  • soolin
    soolin Posts: 72,186 Ambassador
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    P.nimoy wrote: »
    The payments are only behind because of an issue on ep their end which I already highlighted to them...yet I still had to go back to the bank to get them to say exactly the same thing.

    The relationship is done more or less. In my opinion the ball is in their court to make right.

    As a business owner you can't just wave your arms and say 'it's not your problem' you need to be pro active and get this sorted even if the issue is elsewhere. It's harsh but that is the practicality of running a business, it all comes down to you regardless of where the issue is.

    I am concerned that by just letting this slide you could be endangering the whole business set up and possibly cause problems for the future running. It is in your own interest to sort this out as quickly as possible so that you can be around to support your partner .

    The original heading of this thread is 'Franchisee rights / time off' the answer to that is probably no, you have no rights to any time off for family bereavement , what time you do take needs to be decided by you and after considering how the business would be affected. It is one of the problems with running a business. Only you can decide whether potentially causing problems with the business and potentially your future is a step you are prepared to take.
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  • ComicGeek
    ComicGeek Posts: 1,539 Forumite
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    soolin wrote: »
    As a business owner you can't just wave your arms and say 'it's not your problem' you need to be pro active and get this sorted even if the issue is elsewhere. It's harsh but that is the practicality of running a business, it all comes down to you regardless of where the issue is.

    As a business owner myself I don't agree with this - an owner doesn't need to be rude about it, but there is a time to be firm about what is your responsibility and what isn't. I'm not going to waste my own time if it's someone else's problem to resolve.

    Anyway - my main point is that sometimes you just have to turn your phone off! Only way to truly get away from it all, with clients/contacts now thinking that they should be able to get hold of you 24/7 by phone/email/text.
  • P.nimoy
    P.nimoy Posts: 10 Forumite
    ComicGeek wrote: »
    As a business owner myself I don't agree with this - an owner doesn't need to be rude about it, but there is a time to be firm about what is your responsibility and what isn't. I'm not going to waste my own time if it's someone else's problem to resolve.

    Anyway - my main point is that sometimes you just have to turn your phone off! Only way to truly get away from it all, with clients/contacts now thinking that they should be able to get hold of you 24/7 by phone/email/text.

    This is what I’ve started to do now. Feels better.
  • P.nimoy
    P.nimoy Posts: 10 Forumite
    soolin wrote: »
    As a business owner you can't just wave your arms and say 'it's not your problem' you need to be pro active and get this sorted even if the issue is elsewhere. It's harsh but that is the practicality of running a business, it all comes down to you regardless of where the issue is.

    I am concerned that by just letting this slide you could be endangering the whole business set up and possibly cause problems for the future running. It is in your own interest to sort this out as quickly as possible so that you can be around to support your partner .

    The original heading of this thread is 'Franchisee rights / time off' the answer to that is probably no, you have no rights to any time off for family bereavement , what time you do take needs to be decided by you and after considering how the business would be affected. It is one of the problems with running a business. Only you can decide whether potentially causing problems with the business and potentially your future is a step you are prepared to take.

    To be honest this may cause issue in the future, but I’ve met my requirements legally so I don’t care. Either way my family is also more important. there are lots of background issues along with this and this was the tipping point I guess.
  • P.nimoy wrote: »
    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.

    I'd suggest training and empowering your manager to deal with everything when you're not in a position to.
  • Savvy_Sue
    Savvy_Sue Posts: 46,017 Forumite
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    I guess the thing to remember is that if you'd set up a business without taking on a franchise, the buck would stop with you, and there might be times when you, as the business owner, would have to do things you'd much rather not be doing because of family stuff.

    So if a payment hadn't reached a creditor, even if the creditor knew you had family 'stuff' to deal with, and even if you'd previously told the creditor that the issue was at their end not yours, there would be nothing to stop the creditor hassling you. There is no law against it.

    Although you are running a franchise, I'd say it's still the case that the buck stops with you.

    A franchise arrangement is nothing like an employment contract, and is probably far more favourable to the franchisor than to the franchisee.

    And, as soolin has said, even an employer would not have been obliged to give you any time off.

    I hope with your phone off you and your wife can begin the recovery process.
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  • I'd suggest training and empowering your manager to deal with everything when you're not in a position to.

    Unfortunately he would need to be a director to look at anything banking based. That aside it also fell the same week he was on hols.
  • Savvy_Sue wrote: »
    I guess the thing to remember is that if you'd set up a business without taking on a franchise, the buck would stop with you, and there might be times when you, as the business owner, would have to do things you'd much rather not be doing because of family stuff.

    So if a payment hadn't reached a creditor, even if the creditor knew you had family 'stuff' to deal with, and even if you'd previously told the creditor that the issue was at their end not yours, there would be nothing to stop the creditor hassling you. There is no law against it.

    Although you are running a franchise, I'd say it's still the case that the buck stops with you.

    A franchise arrangement is nothing like an employment contract, and is probably far more favourable to the franchisor than to the franchisee.

    And, as soolin has said, even an employer would not have been obliged to give you any time off.

    I hope with your phone off you and your wife can begin the recovery process.

    The buck may stop with me usually, but this was something I couldn’t sort. It was THEIR issue which I told them it was, which the bank confirmed to me twice, yet they hassled me. Funny how after I sent an email complaining and stating this again along with personal information I should never of had to disclose, that the issue is now sorted...without me doing anything on my end.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    P.nimoy wrote: »
    The buck may stop with me usually, but this was something I couldn’t sort. It was THEIR issue which I told them it was, which the bank confirmed to me twice, yet they hassled me. Funny how after I sent an email complaining and stating this again along with personal information I should never of had to disclose, that the issue is now sorted...without me doing anything on my end.
    then give up your franchise and run your business solo because you have to take the rough with the smooth and at least if solo, as already mentioned above, you are the only one it impacts.
    There is no legal avenue open to you, no matter how annoyed you are by what has happened.
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