Holidays and sickness for part time worker - grateful for any advice

[nancy75]

Hello I was wondering if anyone could offer some advice to my friend.

Friend currently works 3 days a week (same hours/days every week)
She has been with the employer for 10 years and has never had a contract. The employer has always told her that as she works without a contract she is not entitled to any paid holiday/bank holidays/sickness.

If business is slow they will on occasion tell her not to come in and she doesn't get paid, also if bank hols fall on her days she doesn't work or get paid. All of the other members of staff have a contract and get holiday pay ect.

As far as I know she is not paid cash in hand, her wages go through the company and she pays tax and NI.

When discussing this recently she mentioned all of these issues - I don't think it sounds right can anyone offer any advice?

Yes she probably will be entitled to it

www.gov.uk/holiday-entitlement-rights/entitlement

Thank you I will forward the link on to her. It seems that the employer sees her as almost a temp, however she can't just take a day off or say no to a shift, if they put her on the rota she is expected to be there and has to ask for time off for holidays (which they have said no to previously) is she entitled to a contract?

Temp workers get equal rights after 12 weeks anyway; and she has got a contract...she just may not have one in writing. She goes to work, and gets paid - that's a contract.

She really needs to read up on her rights!

Unfortunately when she brings it up the employers say well as you haven't got a contract.... she is worried that if she pushes it she will lose her job

The employer is talking out of his backside and I am astounded that your friend has let him get away with this for so long.

Entitlement to paid holidays was made law in 1998, and applies equally to part-time workers. As does entitlement to sick pay.

If she works 3 days per week then she is entitled to 5.6 x 3 days paid holiday per year this can include bank holidays. She is entitled to at least 3/5ths of the sick entitlement that full time employees get, so if the get the first 5 days paid per year then she should get 3 days.
She should talk to her local CAB

Thanks Yamababe, and where would she stand if they just said ok don't work here any more (given that they don't seem to see her as a proper member of staff?)

If she pushes and gets sack she should be able to claim for unfair dismissal.

I think what she is worried about is them just saying we dont have hours for you, but if she has worked the same hours for 10 years is she now entitled to those hours even though they are not written anywhere?

Does she have the right to demand a written contract?

She's got more than two year's service, so she could claim unfair dismissal

Yes, she's legally entitled to have written particulars of her employment

www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

ACAS have a free helpline and can advise.

I think if she had evidence that she'd worked 3 days a week every week, e.g. payslips, she would probably have a strong case to show that she wasn't on a zero hours contract and if they said 'we don't have any hours for you' she could take them to an employment tribunal for unfair dismissal.

thank you all I will show her this tomorrow - she is not nearly as daft as she sounds on this thread but she is completely overwhelmed when the boss tells her this stuff - you would be amazed if I told you the type of place that she works in - it is not somewhere that you would expect to treat staff so badly

Strongly suggest she speaks to both ACAS and HMRC before her boss - if he isn't paying her holiday pay, what other legal requirements is he skipping e.g. National Insurance payments?