Christmas working, legal help!

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  • Christmas working, legal help!
  • Evening all, Daughter 17 has worked in a job, for 6 months +, Sundays only, as its shut this Sunday she has to work Boxing day instead ,in order to get her one days pay, surely this is bollocks? Six years they will do well out of her but surely they can’t abuse the one that lands lucky for her, quite a big store with stores across UK. Thanks in advance!

    user-removed
    Member

    Daughter 17?! Damn, you’ve been busy. Can’t she stick in a days’ holiday? When employers (bars/supermarkets) used to take the p1ss when I was that age, I just left and got another job. Might be harder these days I suppose…

    TandemJeremy
    Member

    Not straightforward. She has presumably got holiday pay. I depends how her contract is worded but she has to work one a day a week and will get holidays paid pro rta ie (approx) 1/13th of her working week so should be entitled to two days paid hols by now after 6 months and could take one of these days on boxing day.

    However to change her day of work needs her consent – but at 6 months service she has no real comeback. offer to work a different day instead? Take a days holiday. Her only two options I think

    TooTall
    Member

    Or, let us take a pragmatic view:

    Work pays. Is there a problem with your daughter working Boxing Day?

    sc-xc
    Member

    I honestly can’t see the problem.

    trail_rat
    Member

    Dont see the issue – itll be one o them industries where you likely have a no holidays over xmas clause in contract

    I severely doubt youll get holidays approved 3 days before over xmas !

    Our field staff have a no holidays 2 weeks before or 2 weeks after policy , but double day rate for public hols

    Working boxing day goes with the territory of Retail

    Frankers
    Member

    This

    Working boxing day goes with the territory of Retail

    hainman
    Member

    theres a company called acas who deal with thing like this in the work place,i used them a couple of years ago when my work were refusing to pay me holiday pay because i had been off ill for a long period of time,my boss shit herself when i said i had been in contact with them and that they would help me take legal proceddings against the company if they refused……RESULT….08457 47 47 47

    Very sad and another reason why our society and economy needs taking back and fixing..

    There was a time, in my 40 years of life, when everything closed down over Christmas and there was real real peace and calm. A whole week of calm if I go back to when I was say 7….

    Now the shops play Christmas tunes from the beginning of December and the high street barely shuts for two days. Some holiday. Some peace.

    Your daughter is a retail slave, like many of our young now. A quarter of her peers don’t even have jobs. Sorry.

    Merry humbug.

    Alcopop
    Member

    As mentioned above it comes with territory,
    I work in retail and all our store and support
    staff have ban on holidays end of Nov till mid
    Jan it’s always been that way, it’s the busiest
    time of the year for stores ,she should be
    getting enhanced rates for working 26th/27th
    so bit more cash in her pocket

    Now the shops play Christmas tunes from the beginning of Decembe

    My local Asda was knocking them out in October. 😯

    As for working boxing day I think there are two options. Suck it up or tell them to shove it up their arse. In the past I have chose the latter but as mentioned above things may have changed these days.

    check her contract. if it says her normal working day is a Sunday, then she works Sundays. if she cannot work due to the store closing, then she can not be made to work Boxing Day. Fact. harsh to say, but your daughter is simply just being bullied into doing it 😳 if i were you, i’d just ring up her Boss and explain who you are, tell them that (insert Daughters name) will not be working Boxing Day and that she will be back to work, as normal on X.

    Have a nice Christmas anyway :mrgreen:

    TandemJeremy
    Member

    drinkmoreport – and lose the days pay at a minimum and most likely the job. Even if “normal” working day is sunday I would be very suprised if there was not a clause to alter it at managements discretion

    she is 17, so she looses a days pay?! 😯 she is not going to loose her job for Gods sake. She cvould offer to work another day that all involved were happy with.

    Premier Icon the-muffin-man
    Subscriber

    If she was my daughter I’d kick her up the backside and tell her to get to work on Boxing Day. Try and teach her a work ethic rather than a ‘this is what I’m entitled to’ ethic.

    Tracker1972
    Member

    Not impossible that she would lose the job, if the place gets quiet after Christmas the recent part time staff may well be the ones who go. The least flexible first. That said I would have hoped that the choice would have been “sorry, we’re shut on your work day, no money, no pay. But we are going to be mental the next day if you want/can work that instead” possibly at an enhanced rate.

    spooky_b329
    Member

    Could be worse. My brother-in-laws girlfriend, similar age and length of service, working 12hrs Christmas day. so she’ll be celebrating Christmas on boxing day…Oh no! she has been given a 12hr shift on boxing day too!

    Premier Icon wwaswas
    Subscriber

    My brother-in-laws girlfriend

    does his wife know 😉

    tbh, I think they pick on young people with no kids first for the unpopular shifts as those are the ones most likely to not kick up a fuss.

    OP – I guess she can refuse but I can’t see any reason too, particularly unless you have some huge family do planned for boxing day?

    b r
    Member

    There was a time, in my 40 years of life, when everything closed down over Christmas and there was real real peace and calm. A whole week of calm if I go back to when I was say 7….

    I’m older than you, and Boxing Day sales have always been here.

    And its retail, if you are not interested in been open when your customers want to shop…

    spooky_b329
    Member

    My brother-in-laws girlfriend

    does his wife know

    My wife’s brother, not my sisters husband 😆

    rootes1
    Member

    Evening all, Daughter 17 has worked in a job, for 6 months +, Sundays only, as its shut this Sunday she has to work Boxing day instead ,in order to get her one days pay, surely this is bollocks? Six years they will do well out of her but surely they can’t abuse the one that lands lucky for her, quite a big store with stores across UK. Thanks in advance!

    could do what the disgraceful tube drivers have done and strike because their normal bank holiday pay was not enough and demanding 3 days extra pay + a cash payment of £365 and a day in lieu

    – greedy gits

    spooky_b329
    Member

    I don’t really understand the tube thing…they get 43 days leave to compensate for having to work some bank holidays, so how can they expect triple pay AND and day-in-lieu for a bank holiday?! In most places it would be additional annual leave OR day in lieu OR double/triple pay, wouldn’t it?

    GlitterGary
    Member

    In most places it would be additional annual leave OR day in lieu OR double/triple pay, wouldn’t it?

    In most countries in the world, people die young through preventable diseases.

    Doesn’t make it right though, does it?

    young people shouldn’t moan about working christmas, when they grow up and have kids they’ll be the first to argue that the young people without kids should be the ones working christmas!

    43 days leave!!! 😯 wtf

    TandemJeremy
    Member

    drink more port – she has no employment protection, there are plenty of people looking for work. If she refuses to go in I would be surprised if she is not sacked as it will ( almost certainly be) a breach of contract.

    spooky_b329
    Member

    In most countries in the world, people die young through preventable diseases.

    That’s a completely different subject though, isn’t it. I consider myself lucky that I get 25 days leave and don’t have to work bank holidays unless I choose to do overtime at double rate. If my day off lands on a bank holiday I get credited a days leave.

    But I have worked in a supermarket with basic leave entitlement, and it was nothing out of the ordinary to work Christmas Eve and then be back in first thing on Boxing day, and then work straight through the weekend as well. If the store was shut on your working day you would get moved to another.

    To the OP, let your daughter deal with it. Most ‘young adults’ would rather do a 48hr straight shift than have their parents phone up their work/boss and start trying to lay down the law. Would you do the same thing when she is in her late twenties and can’t get time off over Christmas!?

    I have to say I’m Phil/TJ – She’ll be on double time I expect, and that is simply what working in retail is about – you work when everyone else isn’t.

    Sadly, being young and working part time = shit hours and crap pay. It’ll get better.

    I’ve just deleted a ‘wheniwerealad’ type rant too.

    EDIT – And don’t get me started on tube drivers.

    rootes1
    Member

    43 days leave!!! wtf

    and a max 35hour week and they already get extra for bank holiday working…

    and the unions wonder why Boris is wanting to introduce driverless trains..

    as for he OP – working is good – she should take any opportunity to work – not like she is being sent down a mine 😉

    Premier Icon aracer
    Subscriber

    as its shut this Sunday she has to work Boxing day instead ,in order to get her one days pay

    Eh? You’re expecting her to get paid for not working?

    I presume you’ve checked what her contract says? Even if it doesn’t say she has to switch to Boxing Day, after 6 months she has pretty much no employment protection – they can just “let her go” without any particular reason if she’s awkward.

    utter twaddle. they cannot simply let her go, not at all. Plus she is not entitled to a higher rate of pay, no one is.

    spooky_b329
    Member

    If she is within 6 months of employment, and still on probation (or whatever they call it), they can ‘just let her go’, can’t they?

    User-removed, I have been busy, I’m now on son 8 !!!!! Cheers for replies, to be honest daughter not really moaned about it and will he there on time as she always is. It’s a large retail store that pay her about £25 for a 7 hour Sunday, just thought they would have paid her 2 days,this week, as for no holiday leave in the festive period,its October to something like March!!!!! Glad she has the job as it is teaching her the values of work and think she now realizes that its not easy for parents to keep pulling twenties out of their pockets,
    Now to sort an eight year old out whose list to Santa had 45 items on it including an iPad2 an iPhone4 s and a £1000 !!!!! What’s that for I ask, its to buy the stuff he misses out!!!!!!! Merry Christmas to you all!

    steezysix
    Member

    If she’s on an hourly wage she’s not going to get paid for work she doesn’t do. Has the manager just offered her the different day because she’ll miss her usual Sunday shift? It’s a busy time of year, he/she will be wanting to get as many their staff to work as possible. If she’s contracted to work Sundays, she not obliged to work other days if she doesn’t want to, but it might be beneficial to all concerned if she does.

    GlitterGary
    Member

    and it was nothing out of the ordinary to work Christmas Eve and then be back in first thing on Boxing day, and then work straight through the weekend as well. If the store was shut on your working day you would get moved to another.

    Ah, well. That makes it alright then.

    Apologies.

    Premier Icon BoardinBob
    Subscriber

    If she was my daughter I’d kick her up the backside and tell her to get to work on Boxing Day. Try and teach her a work ethic rather than a ‘this is what I’m entitled to’ ethic

    +1

    My old man would have cuffed me round the ear if I came to him with a sob story about having to work Boxing Day.

    steezysix
    Member

    My old man would have cuffed me round the ear if I came to him with a sob story about having to work Boxing Day.

    I think this sums it up

    poly
    Member

    TJ – so should be entitled to two days paid hols by now after 6 months and could take one of these days on boxing day.

    TJ – as you will know the right to holidays is not a right to take them whenever you wish.

    drinkmoreport – check her contract. if it says her normal working day is a Sunday, then she works Sundays. if she cannot work due to the store closing, then she can not be made to work Boxing Day. Fact. harsh to say, but your daughter is simply just being bullied into doing it if i were you, i’d just ring up her Boss and explain who you are, tell them that (insert Daughters name) will not be working Boxing Day and that she will be back to work, as normal on X.

    a 17 yr old working one day a week whos been there 6 months is incredibly easy to get rid of. There will be plenty of people only too keen to replace her, and post christmas/sales rush possibly less staff needed anyway. Being the “trouble maker” isn’t very smart! Certainly any 17yr old who’s parents were telling me what my staff would and would not be doing would very quickly find themselves at the top of a list!

    van cough cough – Very sad and another reason why our society and economy needs taking back and fixing..

    Yip there was a time when employees were grateful for the opportunity to earn money that their employers gave them… …or was that not what you meant 😉

    stumpy01
    Member

    I was thinking about what my contract was at the retail places I worked at when at school.

    I am pretty sure it was a zero hour contract, but IN GENERAL you knew that you were going to get a minimum of 13hrs/week or whatever on a Tues/Thurs/Sat.

    I can’t remember the ins & outs exactly but, the zero hour contract meant that they could change your hours/shifts on a weekly basis and to be fair they always tried to give as much notice as possible to achieve this.
    I suspect there is nothing in your daughter’s contract that says her hours are X hours/week on a Sunday. That’s probably just what fits in & suits what everyone else does & what the requirement is.
    Presumably if she doesn’t want to work it, she doesn’t have to, but then won’t get paid. Sounds normal for that kind of role.

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