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"Ive got a daughter who is 17,she been working for the same employer for 18months,last week she asked to finish work an hour early for a docters appointment,they said yes. Today the owner of the shop has came in saying from now on no one has time of work unless its for cancer or another terminal illness. This reduced my daughter to tears as she felt it was aimed at her,also we have a family member who is fighting cancer so it upset her even more. Now bearing in mind she gave them notice about wanting an hr off at end shift for doc appointment and he said yes at the time,can he treat her like this and get away with it?" Employers don't have to allow employees time off for medical appointments during working hours. Large firms allow this, where I work 2.5hrs for doctors, 3.5 for hospital. Smaller firms can't afford to pay employees when they are not working, therefore, can refuse time off...sorry! | |||
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"They dont pay her for appointments,does that mean she should be paid for the hour she having off?" . As mentioned in my previous post, I do not believe she should be paid for the hours she has not worked, sorry. | |||
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"They dont pay her for appointments,does that mean she should be paid for the hour she having off? . As mentioned in my previous post, I do not believe she should be paid for the hours she has not worked, sorry. " Agreed...her employer is under no obligation to pay her for time not worked - the only exception is if she were pregnant! Sorry! | |||
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"Time off, for any reason, during your contracted hours is at the managements discretion. Some employers can seem a bit dracoian, but theres not a lot we can do about it. " She has never signed a contract,even though she has been there over a yr and she has never had any holiday pay either | |||
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"my veiw is that he can probably get away with saying these things , but if he were to punish a person for going to the doctors who had given prior notice it would be deemed unfair if it progressed to a person being dismissed for going to the doctors , even though they had given notice it would be unfair dismissal , and you would be entittled to compensation . in this day of tecnology i would try and record these comments , or at least write them down along with the names of other witnesses but i am not up to speed with current regulations , its just my opinion" Incorrect!! Employers are under no obligation to grant staff time off unless for ante natal appointments. You do not need a written contract to have a binding contract. If you work and accept payment for such - you have a contract. Claiming unfair dismissal is EXTREMELY hard for those that have valid reasons...claiming unfair dismissal for something you're not entitled wouldn't merit a second of time from a "no win, no fee" solicitors! | |||
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"I am fortunate I am employed by my local authority and we are entitled to reasonable paid time off for medical appointment. However I would say the only time that any employer has to,BY LAW, give someone time off for medical appointments is for antenatal care." so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ? | |||
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"I am fortunate I am employed by my local authority and we are entitled to reasonable paid time off for medical appointment. However I would say the only time that any employer has to,BY LAW, give someone time off for medical appointments is for antenatal care. so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ?" I think you sre intentionally missing the point! The employer wont refuse: you just wont get paid! | |||
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"I am fortunate I am employed by my local authority and we are entitled to reasonable paid time off for medical appointment. However I would say the only time that any employer has to,BY LAW, give someone time off for medical appointments is for antenatal care. so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ?" theoreticaly yes, they can, but if such a thing happened would you wait to argue? | |||
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"I am fortunate I am employed by my local authority and we are entitled to reasonable paid time off for medical appointment. However I would say the only time that any employer has to,BY LAW, give someone time off for medical appointments is for antenatal care. so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ? I think you sre intentionally missing the point! The employer wont refuse: you just wont get paid! " the original post mentions nothing about being paid | |||
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"I am fortunate I am employed by my local authority and we are entitled to reasonable paid time off for medical appointment. However I would say the only time that any employer has to,BY LAW, give someone time off for medical appointments is for antenatal care. so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ? I think you sre intentionally missing the point! The employer wont refuse: you just wont get paid! the original post mentions nothing about being paid " My mistake! | |||
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"so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ?" . In theory, yes, espeically if the place of employment only has one staff to mend the shop during that time! However, in practice, I believe most employers are not that heartless! It is always advisible to familiarise oneself with the rules and policies at the onset of starting a new job, such as annual leave entitlement and requests, sick leave and pay, health and safety etc., so that both employer and employee know where they stand without any unpleasant surprises! | |||
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"I am fortunate I am employed by my local authority and we are entitled to reasonable paid time off for medical appointment. However I would say the only time that any employer has to,BY LAW, give someone time off for medical appointments is for antenatal care. so if a person finds they are bleeding from the ears , they phone the doctor in there lunch break and are given an appointment in the afternoon , ask the employer to have an hour off unpaid , the employer can refuse ? I think you sre intentionally missing the point! The employer wont refuse: you just wont get paid! the original post mentions nothing about being paid My mistake! " i wasnt being funny or owt the original post just says they were being forbiden to have time off unless they had cancer etc i agree if you want time off AND you want to be paid for it then its at the discretion of the employer x | |||
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"If she doesnt hav a contract with the company she therfore doesnt work for that company! After her trial period she shud of been given a contract if she hasnt they are breaking the law! She is allowed 4 weeks paid holiday by law! Un rep! " Thanks... acas have just told me that on phone,i will go with her and speak to her boss,acas have said if we get no joy to get back in touch with them and they will take it further x | |||
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"If she doesnt hav a contract with the company she therfore doesnt work for that company! After her trial period she shud of been given a contract if she hasnt they are breaking the law! She is allowed 4 weeks paid holiday by law! Un rep! " So,does that mean she wouldnt be insured if she was to have an accident at work? | |||
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"I do not believe we have been given all the information available to enable us to paint a fuller picture, just a recollection from a concerned father based on what he had been informed by his teenage daughter. For example: What else was said by the owner at the time of his/her announcement? Under what circumstances would have made the owner to take such action? What was the tone and body language of the owner when the announcement was made? How was the initial time off requested, as in timing, to whom the request was made etc...? IMHO, one should have found out the rules and policies with regard to time off for issues such as medical/dental appointments, job interviews, time off for dependents, funerals, etc. BEFORE agreeing to attend such events to prevent disappointment. Afterall, one would not have booked one's holiday without booking the time off work first! Otherwise, he/she only has him/herself to blame if his/her employer turns around and say no as there are too many people off at the same time already! " I'm a concerned mother lol My daughteer asked in the week for the last hr work,she knew it was unpaid for a doctors apointment,her boss at the time was ok with it said yes sure,then today he says no more doc appoinments in work time unless you have a terminal illness,he actually reduced her to tears with what he said to her,i just wanted to know if they could say yes,they have a go at her after saying yes about having the hr off. She has never phoned in sick,she is never late and this is the first time she has asked for time off during work hrs,so he would have knew it was a genuine reason for needing time off work. | |||
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" I'm a concerned mother lol My daughteer asked in the week for the last hr work,she knew it was unpaid for a doctors apointment,her boss at the time was ok with it said yes sure,then today he says no more doc appoinments in work time unless you have a terminal illness,he actually reduced her to tears with what he said to her,i just wanted to know if they could say yes,they have a go at her after saying yes about having the hr off. She has never phoned in sick,she is never late and this is the first time she has asked for time off during work hrs,so he would have knew it was a genuine reason for needing time off work." . Oops, sorry about getting your gender incorrect! Me being a plucky person, I would have requested a quiet word with the boss with the aim to find you the reason(s) for his change of heart. It might not have been directed at her, and there might have been genuine reasons for her boss's change of heart. If she believes his behaviour or demand is unreasonable, then IMHO, she should do something about it. Don't do it just for herself, do it for her co-workers as well, and they'll thank her for it. Otherwise, this unpleasant episode could leave a sour taste in her mouth for a very long time. I appreciate not everyone can be as plucky and bolshy as me, especially at such a young age. Stick to objective evidence and leave emotions out of it, and it may help by writing times down chronologically before requested for a quiet word with the boss. And yes, I am advising her to take it up as grievence with her boss as being unreasonable, providing she is on solid ground. | |||
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" My daughteer asked in the week for the last hr work,she knew it was unpaid for a doctors apointment,her boss at the time was ok with it said yes sure,then today he says no more doc appoinments in work time unless you have a terminal illness,he actually reduced her to tears with what he said to her,i just wanted to know if they could say yes,they have a go at her after saying yes about having the hr off. She has never phoned in sick,she is never late and this is the first time she has asked for time off during work hrs,so he would have knew it was a genuine reason for needing time off work." Just tell your daughter that its all part of growing up, and dealing with different people. Tell her not to take it personally, and just carry on as normal. Dont bring in ACAS or other outside body into a situation like this. it just isnt worth it, is it? Hopefully your girl will find another job and move on, but might well have to ask for a reference from her current employer. Dont let her be labelled, rightly or wrongly, as a trouble maker. Best of luck | |||
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"Just tell your daughter that its all part of growing up, and dealing with different people. Tell her not to take it personally, and just carry on as normal. Dont bring in ACAS or other outside body into a situation like this. it just isnt worth it, is it? Hopefully your girl will find another job and move on, but might well have to ask for a reference from her current employer. Dont let her be labelled, rightly or wrongly, as a trouble maker. Best of luck" . I agree in parts. However, I do not believe wanting to find out why her boss has a change of heart after he agreed to her request is going to label her as a trouble maker, not if she does so discreetly and not in full view of her co-workers. Job opportunities may not be that easy to come by. Therefore, I believe it is worth attempting to clear the air first, before resorting to finding a new job. Inability to stay with one employer for a decent length of time could be perceived as being unreliable and tempremental. However, 18 months is a decent length of employment, IMHO. | |||
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"Lots of advice going round and lots of positive issues pointed out. I don't know if your daughter is in the union but i would suggest joining if i am honest. They will help her with holiday pay issues as she is due something. I am assuming she is full time ie above 22 hrs? If not them holidays due will be variable. You haven't mentioned her hourly rate but you may also find she might not be getting paid what she should (Lots if iff's and maybes)If she can join a union she may end up better off all round. " I think that is good advice and will speak to her when she gets in. And she does work over 22rs a week so we will look into a union for her x | |||
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"Ive just got of the phone to acas regarding her not having a contract and she should have got one within 2 months of being there and she is entiltled to holiday pay." She has to be careful here because if she starts quoting employment law at the guy he sounds very much like he's a law unto himself and will simply wait for the smallest transgression to get rid of her. I'd tell her to find another job asap but don't tell the guy, just leave him right in the lurch when he least expects it. | |||
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"I do not believe we have been given all the information available to enable us to paint a fuller picture, just a recollection from a concerned father based on what he had been informed by his teenage daughter. For example: What else was said by the owner at the time of his/her announcement? Under what circumstances would have made the owner to take such action? What was the tone and body language of the owner when the announcement was made? How was the initial time off requested, as in timing, to whom the request was made etc...? IMHO, one should have found out the rules and policies with regard to time off for issues such as medical/dental appointments, job interviews, time off for dependents, funerals, etc. BEFORE agreeing to attend such events to prevent disappointment. Afterall, one would not have booked one's holiday without booking the time off work first! Otherwise, he/she only has him/herself to blame if his/her employer turns around and say no as there are too many people off at the same time already! I'm a concerned mother lol My daughteer asked in the week for the last hr work,she knew it was unpaid for a doctors apointment,her boss at the time was ok with it said yes sure,then today he says no more doc appoinments in work time unless you have a terminal illness,he actually reduced her to tears with what he said to her,i just wanted to know if they could say yes,they have a go at her after saying yes about having the hr off. She has never phoned in sick,she is never late and this is the first time she has asked for time off during work hrs,so he would have knew it was a genuine reason for needing time off work." What a stupid thing for the employer to say, its not likely that someone who is terminally ill is going to be in work anyway, let alone wanting time off for appointments | |||
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"Ive just got of the phone to acas regarding her not having a contract and she should have got one within 2 months of being there and she is entiltled to holiday pay. She has to be careful here because if she starts quoting employment law at the guy he sounds very much like he's a law unto himself and will simply wait for the smallest transgression to get rid of her. I'd tell her to find another job asap but don't tell the guy, just leave him right in the lurch when he least expects it." I told her before to get another job and leave him in lurch,she's already sent loads of cv's out x | |||
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"What a stupid thing for the employer to say, its not likely that someone who is terminally ill is going to be in work anyway, let alone wanting time off for appointments " I think it was symbolic of the guy meaning you better be seriously ill to take time off. Sounds like an arse anyway and not someone I'd want to work for. | |||
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"Lots of advice going round and lots of positive issues pointed out. I don't know if your daughter is in the union but i would suggest joining if i am honest. They will help her with holiday pay issues as she is due something. I am assuming she is full time ie above 22 hrs? If not them holidays due will be variable. You haven't mentioned her hourly rate but you may also find she might not be getting paid what she should (Lots if iff's and maybes)If she can join a union she may end up better off all round. I think that is good advice and will speak to her when she gets in. And she does work over 22rs a week so we will look into a union for her x" well as soon as you start mentioning rights to employers some think bye bye. If your in a union you get backing. But whishy has a point if she doesn't like then look for another job. But if she likes generally then stop but get what she is due. If she is above 22hrs then i think (i'm not 100%) she should be due a minimum of 22days inc stats but i am not an expert on this side by a long way. But the best bet with the boss is polite but honest and see how it goes with joining a union. | |||
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"The anwser to your question is no...no one should be victimised or discriminated against. Best way for future references is put in request for doctors in writing to employer and ask in writing for a reply if he states no then you really have a case to go against employer. i am happy to help you in anyway i can as i am involved in case working against those who are discriminated against whilst in employment. robbie" thanks x | |||
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" My daughteer asked in the week for the last hr work,she knew it was unpaid for a doctors apointment,her boss at the time was ok with it said yes sure,then today he says no more doc appoinments in work time unless you have a terminal illness,he actually reduced her to tears with what he said to her,i just wanted to know if they could say yes,they have a go at her after saying yes about having the hr off. She has never phoned in sick,she is never late and this is the first time she has asked for time off during work hrs,so he would have knew it was a genuine reason for needing time off work. Just tell your daughter that its all part of growing up, and dealing with different people. Tell her not to take it personally, and just carry on as normal. Dont bring in ACAS or other outside body into a situation like this. it just isnt worth it, is it? Hopefully your girl will find another job and move on, but might well have to ask for a reference from her current employer. Dont let her be labelled, rightly or wrongly, as a trouble maker. Best of luck" Agree 100%: that's the advice i would have given! | |||
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" After her trial period she shud of been given a contract if she hasnt they are breaking the law! She is allowed 4 weeks paid holiday by law! Un rep! " She's actually entitled to 5.6 weeks holiday by law since 1st April 2009. Pro rata'd if she's part time. I'm glad the unions know what they're doing! lol As has already been stated, there is no obligation for an employer to grant time off. Most would, however, if this cowboy isn't even paying legal holiday pay, I doubt he'd bother. Are you sure she's being paid above minimum wage OP? Legally a contract should be provided within 2 months of employment commencing. However, by accepting payment for hours worked - a contract is implied. The difficulty will arise if either party accuses the other of breach of contract and it would be difficult to stand up in court. HTH *Her* | |||
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"Ive got a daughter who is 17,she been working for the same employer for 18months,last week she asked to finish work an hour early for a docters appointment,they said yes. Today the owner of the shop has came in saying from now on no one has time of work unless its for cancer or another terminal illness. This reduced my daughter to tears as she felt it was aimed at her,also we have a family member who is fighting cancer so it upset her even more. Now bearing in mind she gave them notice about wanting an hr off at end shift for doc appointment and he said yes at the time,can he treat her like this and get away with it?" Read about half the posts. Couldn't read all sorry. From what you write. The employer has done NOTHING to your daughter. He's not responsible for her feeling guilty. He made NO direct comments to her. Nor did he refuse her time off. Incidentally NO employer can stop you taking time off. It's YOUR life. It's mutual obligation NOT feudal. Just be willing NOT to be paid for work you don't do. | |||
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"Lots of advice going round and lots of positive issues pointed out. I don't know if your daughter is in the union but i would suggest joining if i am honest. They will help her with holiday pay issues as she is due something. I am assuming she is full time ie above 22 hrs? If not them holidays due will be variable. You haven't mentioned her hourly rate but you may also find she might not be getting paid what she should (Lots if iff's and maybes)If she can join a union she may end up better off all round. " Absolutely,her boss sounds a bit of a bully,probably why he employs young people. He's also maybe miffed because he had to do her work for her,probably had a busy period while she was at the doctors. Best to get the union behind her,that way she'll have someone on her side who can arbitrate for her. That person will also know employment law,chapter and verse. Also,she should have a written contract and holiday entitlement is part of the "working time directive". Good Luck! XXXX | |||
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"Lots of advice going round and lots of positive issues pointed out. I don't know if your daughter is in the union but i would suggest joining if i am honest. They will help her with holiday pay issues as she is due something. I am assuming she is full time ie above 22 hrs? If not them holidays due will be variable. You haven't mentioned her hourly rate but you may also find she might not be getting paid what she should (Lots if iff's and maybes)If she can join a union she may end up better off all round. I think that is good advice and will speak to her when she gets in. And she does work over 22rs a week so we will look into a union for her x well as soon as you start mentioning rights to employers some think bye bye. If your in a union you get backing. But whishy has a point if she doesn't like then look for another job. But if she likes generally then stop but get what she is due. If she is above 22hrs then i think (i'm not 100%) she should be due a minimum of 22days inc stats but i am not an expert on this side by a long way. But the best bet with the boss is polite but honest and see how it goes with joining a union. " The only people entitled to bank holidays are those who work in banks and those who've negotiated for bank holidays as part of their contract. There are lots of very useful and up to date sites re: employment law on the internet plus the citizen's advice bureau is very good too. I agrree with previous posters that this needs dealing with and I'd also check that her NI contributions are being paid as this type of employer often doesn't pay this. If either mum or dad are a member of a union then they should be able to get legal advice via their union. | |||
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"Lots of advice going round and lots of positive issues pointed out. I don't know if your daughter is in the union but i would suggest joining if i am honest. They will help her with holiday pay issues as she is due something. I am assuming she is full time ie above 22 hrs? If not them holidays due will be variable. You haven't mentioned her hourly rate but you may also find she might not be getting paid what she should (Lots if iff's and maybes)If she can join a union she may end up better off all round. I think that is good advice and will speak to her when she gets in. And she does work over 22rs a week so we will look into a union for her x well as soon as you start mentioning rights to employers some think bye bye. If your in a union you get backing. But whishy has a point if she doesn't like then look for another job. But if she likes generally then stop but get what she is due. If she is above 22hrs then i think (i'm not 100%) she should be due a minimum of 22days inc stats but i am not an expert on this side by a long way. But the best bet with the boss is polite but honest and see how it goes with joining a union. The only people entitled to bank holidays are those who work in banks and those who've negotiated for bank holidays as part of their contract. There are lots of very useful and up to date sites re: employment law on the internet plus the citizen's advice bureau is very good too. I agrree with previous posters that this needs dealing with and I'd also check that her NI contributions are being paid as this type of employer often doesn't pay this. If either mum or dad are a member of a union then they should be able to get legal advice via their union." Thanks didnt think about her NI being paid by employer,the sooner she gets another job the better x | |||
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