does my mum have a case????

Question

my mum works for a small family run business, her employer is going on holiday in 2 weeks, she is forcing my mum to have unpaid 2 weeks holiday.... the unfortunate thing is she dosnt have a contract.does she have any rights?

Answer 1

Your mum is being laid off for 2 weeks. It happens all the time with plant shutdowns etc.
She should be entitled to vacation pay (usually 4% of earnings, year to date).

Answer 2

Hi Rick,

In the UK, although she has not seen it a contract does exist between her and the employer. If she has been with this employer for more than 12 months she is fully protected by the laws of the land. The only exception to this is for the purposes of redundancy payments where you have to be with the employer for 2 years.

She is entitled to paid leave and this is dependent on how long she has been in the organisation. There are minimum requirements set down in law.

She needs to talk to the CAB. Sounds like the employer is taking the michael.

Answer 3

Yes she has a case. Look up employment law on UK government website. Even part timers are now entitled to holiday pay as long as they have not used up their entitlement for the year. The question is, can your mother afford for her relationship with her employer to deteriorate? She needs to point out the new laws in a very diplomatic way. But if she loses her job because of the disagreement she will win compensation at an industrial tribunal.

Answer 4

Seing its a small family run buisness the family that operates the buisness can open or close it whenever they want. She doesn't have a contract so it seems that there is no legally binding document to keep her pay coming while they are on vacation. My advice for this is one of 2 things. 1) Have her look into buisness laws and local laws I am certain that since there is no binding documents that she doesn't really have a case unless she has documents that state specifically otherwise. 2) Next time she looks for a job or signs an extension to her current one have her take the paperwork to a lawer or a notary to have it looked over. Have her explain exactly what she wants from employment and outline any possible discrepancies for her so she knows what she is getting into.

Answer 5

Depends where you are. In the US she has no case, in the UK she is protected by the EU employment laws entitling her to 20 days paid holidays PA

Answer 6

yes she has rights. That is unfair labor practice. Even without a contract, if she gets a regular paycheck, that is showing that she is being paid to work there.

if the employer wants to go on vacation, then he needs to close up shop during that time. And your mom find another job.

if he wants someone there, then he needs to pay her to be there.

Answer 7

if you are in the uk then contact the department for work and pensions or your local job centre plus,they will clarify current laws but i am sure she should be entitled to pay of some form even if she has no contract

Answer 8

not without a contract sorry she could write or email to the dept of trade and industry setting out her case but they may decide to let her go if she makes a case out of it couldnt she do some temping meanwhile if she doesnt make a fuss
good luck with this i would be interested to know the outcome

Answer 9

were these arrangements not discussed before you mum started to work for the low life's

Answer 10

yes but go to your citizens advice bureau