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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48758
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son works small firm doing long distance and local

Customer Question

My son works for a small firm doing long distance and local runs as a Hackney carriage firm.
He has no days off, is not allowed to take Sunday off to see his 4 year old daughter, who is
In full time education. He is not allowed to be ever out of reach, mobile phone service in
This rural area is poor, so he is a virtual prisoner in his home. He is denied seeing his contract of employment, and when he is "waiting between jobs away from home" he is
Unpaid. His working day starts from 12 midnight the previous day till 12 midnight following day. He has 25 days holiday, no statutory holidays, and no two workers can be off at the same time(only four workers at the moment). Nobody can have any time off over X-mas,
As bosses financial year runs from 31st Oct. - 1st Nov, and holiday pay is paid with wages
Monthly. Can all this be legal, my son cannot even go to the doctor or dentist????
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is he working as an employee or self employed? How long has he worked there for?
Customer: replied 2 years ago.
Hi Ben,
My son has worked for this firm for 7 years, and he is employed by
The firm.
Expert:  Ben Jones replied 2 years ago.
When you say he has no days off do you mean he actually goes in to work for them every day?
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi again,
No, he does not go into work unless contacted to do so, but as mobile
Connection is poor, he cannot go anywhere where connection is bad, and
He gets no prior notice, he has to be in work in half an hour, which is the
Exact time it takes him to drive from his house to work, so he has to be dressed up in shirt and tie etc. Ready to go. His boss apparently says:
When you work for me you have NO life. Charming fellow.
Kind regards,
Siv
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. First of all he has a right to see his contract of employment – this is something he gets through the Data Protection Act 1998 because he is entitled to see any personal information the employer holds about him. So he can ask for a copy and state that he is asking for it under the Data Protection Act and is making a subject access request to see it.

His rights to time off would really be concerned in relation to the time he actually spends working. Being on call at home does not qualify as working time and it would not count towards his normal working time limits or mean he is not having a break. He may feel like a prisoner and I completely understand how that may be but legally he is not working for the employer at the tie and cannot count this as working time and say that he is working too many hours or that he is not getting enough breaks.

In terms of taking holidays, the employer has the right to decide when its employees take all their holidays and can either nominate certain dates when holiday should be taken or refuse requests made by the employees. So they could state that no one can have time off over Xmas or reject a holiday request if someone else is already off at the time.

The fact he gets paid his holidays with his wages is called rolled up pay and is potentially unlawful, however it is somewhat of a grey area still.

So the employer could get away with some of their practices and even though they appear unfair they are not necessarily unlawful. In terms of what he could do next he could always raise a grievance with the employer over these issues. If nothing gets resolved then there is no way to force the employer to act in a fairer manner. He either has to try and continue negotiating with them or leave and pursue a claim for constructive dismissal in the employment tribunal. It would really depend on whether he feels he can continue working there under the current circumstances.