h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

My sister-in-law works as a senior stylist in a small chain of upmarket hairdressers (not as big as Toni and Guy but the same sort of deal). Her boss gives her no paid annual leave. I guess this is at the owners discretion but seems a shoddy practise. She is also never ever allowed to take a saturday as her day off so is forced to use holiday if for example she wants to attend a wedding( it is understood that saturday is the busiest day of the week etc but one or two saturdays a year for each member of staff surely won't close the business). Worse than this though, the owner does not pay her any sick pay if she is off ill.

She doesn't earn a lot there as the commission rates, tips and salary don't add up to much what with today's prices and she and my brother have just bought a house together. As a consequence of this, whenever she is ill, no matter how sick she is, she still goes in to work and probably infects half the customers.

Is it legal for her boss not to pay the statutory sick pay for a limited number of days per year? This situation is appalling in my opinion but we don't know what rights she has. My advice has been to quit and work somewhere else and she is working on this but in the meantime I would like to know if he has been infringing her rights.

Hmm, well, I'm not a legal eagle, but here goes...

No paid annual leave: Yes, this is an infringement of her rights. You are allowed to have 4 weeks of paid leave every year. If the employer is not giving her this, then he is infringing the law I believe.

It's probably best to go and ask Citizen's Advice; they should have a list of rights to... etc concerning working practices.

Hope this helps! It does sound terribly unfair... I'll never go into a Tony&Guy hairdressers again...

Stay ,
WD

Thanks WD, I will ring the CAB for her and find out properly, I always forget about them.

So we don't get slapped wrists it isn't actually Toni and Guy she works for but a smaller very similar style of place .

I have only recently found out about this, I just thought she didn't like coming to family events. Poor lass. Anyway she has an interview this week so fingers crossed she might be out of there by the end of the week!

Whoops!



Sorry; I've got half my mind on impending exams, so I'm not functioning great. That and other stuff besides...

I hope she finds somewhere a little more pleasant to work in - it sounds like a nightmare!

I wish her good luck for the interview!

Stay ,
WD

Even if she does get another job, it may still be worth pursuing the matter, as she's entitled to holiday pay for any of the current year's unused statutory holiday entitlement when the contract of employment ends.

What about statutory sick pay, is that something he has to pay or can he decide not to and make her claim it direct from the government or something?

Try searching for the Department of Trade and Industry website, it's all on there. She is entitled to paid leave as long as she has been there 13 weeks.

You are entitled to statuary sick pay also, I'm sure of it - although less of it you're only temporary/casual/contract labour than if you're permanent staff (guess why so many companies are going to contract staff these days ). You should take this guy to the cleaners whether she leaves or not. Is she getting minimum wage?

If you're off for less than three days you have to fill in your own self decleration form for sick pay and then get a doctor's note for any further length of time. You then have to apply for it in arrears if the company wants to be an a**eh**e about it, but you will get it. It all depends on whether you can afford to go without pay int he meantime

Go to the CAB! They're marvellous. I scared NPower in to refunding loads of money they had essentially stolen off my girlfriend recently using them !

It sounds like your girlfriend is being deprived of her rights. She should have good grounds for taking her employer to an industrial tribunal. A few words of caution, though. Any legal action will cost money - potentially more than she can afford unless she has a union to back her or qualifies for legal aid. (Does that still exist? Can you get it for this kind of case?) Also, if the case receives any kind of publicity, she *may* get a reputation as a 'trouble-maker'. This reputation won't be deserved, but it may affect chances of future jobs.

Not much help, but I'm not a legal expert.

From the DTI website (although since new h2g2 runlings came into place I may get moderated for this - cut&paste!)

Working time regulations:

> a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).
> a limit of an average of 8 hours work in 24 which nightworkers can be required to work.
> a right for night workers to receive free health assessments.
> a right to 11 hours rest a day.
> a right to a day off each week.
> a right to an in-work rest break if the working day is longer than six hours.
> a right to four weeks paid leave per year.

Take her employer to an industrial tribunal - he is breaking the law.

I just had a look at the website Mina suggested and after a bit of going round the houses I found some info. It seems to be entitled to Stat. sick pay you have to have been ill for four straight days. If it is less than that they don't have to pay anything. So that nasty tummy bug that incapacitates you for a day or two just isn't serious enough! Doesn't this encourage malingering?!

She is getting more than minimum wage but is just treated very badly there. I think once she leaves she will not want the trouble of going after her boss, a shame, but probably true. That is how these b*****ds get away with it.

NPower tried to steal some dosh off of me too, but a few stroppy letters soon sorted that out. Perhaps I should have copied Anne Robinson in if they are doing it to everyone else!

Unless it has just changed very recently, you have to be sick for 3 consecutive days to be entitled to sick pay (these ae called 'waiting days'), after then, your employer may ask for a doctor's certificate to prove you are ill before paying you any sick pay. If you are just ill for the odd day here and there, you will not get sick pay for it.

You are entitled to a (minimum) of 4 weeks paid holiday, but you are only entitled to take it 'pro rata', i.e. you are only allowed to go on holiday for a week - a quarter of your holiday allowance - when you have had a quarter of the year. This is to stop people taking 4 weeks paid holiday and then leaving. Most employers trust their staff not to do this and let their staff take their holiday allowance when they choose.

As far as working Saturdays is concerned, it all depends what is in her contract. If it says her days off are at her employers' convencience, then she is fairly well stuffed. However, there is nothing to stop her using one of her days holiday allowance to take a Saturday off - providing she gives reasonable notice her boss can't legitimately object.

Having said all this, her boss sounds like an absoulte b*****d and I would strongly suggest the best way forward is to find another job. But in the meantime, she is entitled to some paid leave (just over 3 weeks at this point in the year) and would be well advised to start taking it as it cannot be carried forward to next year.

I wish her luck and hope her interview goes well.

Just to add, I would be extremely cautious about taking anyone to a tribunal. Apart from the expense and enormous personal stress, she must remember she needs her old boss' reference to get a decent new job, and she doesn't want to be labelled as a trouble making. I would advise her to move on and then maybe tip off the right people for the benefit of those she left behind.

Is this what's meant by the benefits of a flexible workforce? (As advertised by Mr Blair, as I recall)
This is why we *need* unions - is there a National Union of Hairdressers?

What she needs is not the CAB but a Union, they are there to know, look after and ensure your rights on these issues, and also have the power and the practice to represent you, both to your employer, to the regulatory bodies involved and in the courts.

Everybody - Join a union, they are yours, and without them you'll get f**ked over.

I have to agree. We may be given 'rights', but alone we are virtually powerless to enforce them and stop employers from breaking the law.

Recently I helped a gardener who was being treated in a way that was effectively constructive dismissal. Fortunately, he was a member of a union (believe it or not) and the moment they stepped in, his employer back off instantly.

Is she actually employed, or does she just rent a chair at the salon?

If she is self-employed, (ie rents a chair), then it is possible that the owner of the salon is acting legally if unethically.

Definitely go to the CAB. And good luck.

agcB

I'm not sure if this has any relevance:
http://news.bbc.co.uk/hi/english/business/newsid_1408000/1408329.stm

I'm not sure if this has any relevance:
http://news.bbc.co.uk/hi/english/business/newsid_1408000/1408329.stm

Of course the problem with being self employed is that your boss is always a w****r...