No work no pay

[tizsha]

Not an aibu but posted here for more responses.

So ds20 has been working for a smallish family run business which has been doing quite well up until recently.

He's contracted to work 39 hours a week, last week he only worked 4 days, the week before only 3 days due to not much work on. So he's had 3 days off unpaid.
They've now told him works slack and nothing on as yet for next week, they will let him know if any jobs come in.

He knows they are having trouble getting jobs at the minute so he agreed to take these days off.

My question is should he still get paid for having no work? Surely he's entitled to something! He's not on a zero hour contract

If his actual contract states 39 hpw then that's what he should be paid for. This company, however 'small' and 'family run' is trying to pull a fast one. If your son doesn't feel he can, then you should definitely have a word.

So they're forcing him to take unpaid leave?

Get him in touch with ACAS

I'm not sure what his actual contract says but I know he's full time and he works 39 hours a week plus over time when needed. He gets £3 an hour extra for overtime, if that makes a difference.

Yep they are basically making him take it unpaid. He has no holiday days left.

He won't say anything to them, he doesn't have it in him to do so.

Yes they should have paid him, but he has 2 problems.

1. They asked him if he would take unpaid work and he said yes. I'd leave it this time and next time if he wants to get paid he should say no, sorry, I'm here to work and need the money. Then they should either send him home and pay him or, more likely, give him cleaning or something to do.

1. If he's been there less than 2 years they can just let him go so long as they pay him his contracted notice period. It needs to be his decision whether he wants to risk this if he likes the job and thinks they will get more work.

I wouldn't be stepping in, but giving him him options and supporting from the sidelines.

I told him to say no next time they ask him. Not sure if he has this time. Not spoke to him since he told me.

He's been there 2.5 years now. I'm just trying to get some advice to pass on to him.

" I'm just trying to get some advice to pass on to him."

Tell him to speak to his T.U. If he's not in one, tell him to join.

Depends whether his contract of employment has a clause allowing his employers to lay him off due to
lack of work. If not he should be paid for 39 hours (his contracted hours per week).

TU membership is extremely unlikely in a small family business.

Family run businesses are the worst for that kind of thing. Their main aim is to pay employees as little as possible to keep all of the revenue for the family members

Update his CV and get him to start looking for a new job.