Employees rights to sick/holiday pay etc.

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damo@666
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Joined: 19-09-03
Dec 1 2004 16:36
Employees rights to sick/holiday pay etc.

A mate of mine works for an agricultural contractor, he's worked there for more than a year on a casual basis but doing full time hours+. He doesn't get over time pay and his employer says he's not entitled to holiday pay or sick pay as he doesn't have a contract. Which sounds like a load bollox to me!

I told him that I thought he should be entitle to it and to either get a contract or another job. But i'm not that hot on employment law, etc. so any advice?

Garner
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Joined: 30-10-03
Dec 1 2004 17:07

He should be entitled to paid annual leave (minimum 4 weeks per year). I don't think he's necessarily entitled to sick pay or overtime though. Or paid bank holidays - he'd have to use his annual leave for those. Not having a contract doesn't make any difference.

belboid
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Joined: 19-04-04
Dec 1 2004 18:03

he does have a contract, even if it isn't written - obviously it will be a shit contract, the bare minimum, but it does exist, based upon what work your friend has been performing.

He is entitled to annual leave of his 'normal' working week times 4 (ie 4 weeks normally).

He is not definitely entitled to any sick pay (other than SSP), that would depend on the contract. Obviously in this case, thats gonna be a 'no' (tho he is entitled to statutory sick pay after four days).

Rights at work from Day 1:

http://www.worksmart.org.uk/rights/viewsubsection.php?sun=80

Calendar of additional work rights:

http://www.worksmart.org.uk/rights/viewsubsection.php?sun=81

have a skirt round the worksmart site as well - lots of useful workplace stuff there.

damo@666
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Joined: 19-09-03
Dec 2 2004 00:29

cheers smile