Helping my fiancé stand up for herself

[kiethton]

Currently in the process of planning a week away in late spring/early summer. The issue is that my fiancé (a senior nursery school teacher) has been told that she only has 4 days of holiday allowance remaining (mainly owing to a 2 week honeymoon in the autumn) so she can’t have the full week.

Her nursery are the typical poor employers - a true one way street who want all, pay next to nothing and regularly understaff the site (many other maintenance related issues too). As such she gets the bare minimum holiday allowance with an enforced holiday period over Xmas/NY reducing this further and is to the best of her knowledge still on a 0 hour contract.

My stance is “your on a zero hour contract (after checking obviously) so say you’re not able to work on that day” but she’s one to suffer with anxiety so hates confrontation - she won’t do so....she also says that as she’s recently been promoted she is now expected to take on more and that there is nobody to cover her (not her problem IMO) - she has not been given a new contract - even minimum contracted hours. She has asked for a day unpaid and been denied...

My spider sense thinks the refusing the request for a day unpaid is on pretty dodgy ground - is there a legal precedent I can quote to put her mind at rest? (After requesting a copy of the contract to confirm the position that is...)

[Brainpox]

She doesn't need to stand up for herself. Her contract says zero hours and that's what she's doing unless she decides otherwise. Any issues that arise when she isn't being paid aren't her problem.

I have no doubt the kinds of employers that try to abuse these contracts like to try and intimidate people but it's all in black and white at the end of the day.

Will your fiance start looking somewhere else for work?

[kiethton]

Thanks - exactly what I’ve been saying...she is, but isn’t....been there 6 years now! - “looking” for the last 4!!!

[InitialDave]

Check her contract stuff first, but yes, my approach would be to take more of a "these are the dates I'm on holiday" approach. Guess it depends what the risk is of them having a sulk and trying to make life difficult for her.

[kiethton]

InitialDave said:

Check her contract stuff first, but yes, my approach would be to take more of a "these are the dates I'm on holiday" approach. Guess it depends what the risk is of them having a sulk and trying to make life difficult for her.

Indeed that’s her concern and stresses her out/makes her very anxious...she hates and actively avoids confrontation - to her own debt rumens. It’s a constant source of disagreement between us as I’m a little more direct/forceful....

[bristolbaron]

If she’s on zero hours and forces the issue as you suggest, what’s to stop them offering her any hours at all when she returns. Probably not the best plan unless she’s ready to walk.

[kiethton]

Yes is a risk but fairly minimal - she's now fairly senior there and the place is already chronically under-staffed....she's "looking" anyway and we could make do without the income for a few months.

Whats annoying is the place is extremely cliquey - some on the same contract and in the same level of seniority are able to do so as and when, mainly because they stand up for themselves....

[LosingGrip]

I'd speak to ACAS. They can't have her on a zero hour contract when it suits them but not when it suits her.

[anonymous-user]

Breaking this down

She has been on a zero hours contract for 6 years and apparently unhappy that she has been "looking" for the last 4 years

This didn't stop her accepting a promotion (so how unhappy is she?)

Now she has used up all her holiday, you want to kick off with them and enforce the zero hours?

I can't see this ending well for her at all, yes I am sure you can go to ACAS etc but does she really want the fight? It does smack a bit of it working for her for 6 years and now she's gonna go straight to defcon one

Why doesnt she do what may would do in this situation and book it, keep quiet and take the 5th day as sick, same result without a huge escalation

[anonymous-user]

anonymous said:

[redacted]

It sounds like the employer is acting unfairly. The solution to this is to have a dialogue with the employer. The suggested potential gross misconduct and breach of trust is unlikely to be the best course of action.

[kiethton]

janesmith1950 said:

anonymous said:

[redacted]

It sounds like the employer is acting unfairly. The solution to this is to have a dialogue with the employer. The suggested potential gross misconduct and breach of trust is unlikely to be the best course of action.

She's slightly more annoyed as the employer is very cliquey - some are able to take extra days unpaid at their behest, others not.....the same manager was quoted as "think of it as a wedding gift that we let you have a 2 week holiday (taken from leave) for your wedding"....

My fiance doesn't do confrontation so has never stood up for herself...

Apparently the person responsible for HR was due back today - have asked her to request a copy of the contract siting an IFA meeting and see what comes of it....

[anonymous-user]

kiethton said:

She's slightly more annoyed as the employer is very cliquey - some are able to take extra days unpaid at their behest, others not.....the same manager was quoted as "think of it as a wedding gift that we let you have a 2 week holiday (taken from leave) for your wedding"....

My fiance doesn't do confrontation so has never stood up for herself...

Apparently the person responsible for HR was due back today - have asked her to request a copy of the contract siting an IFA meeting and see what comes of it....

Yeah but, annoyed people don't take 4 years to find a new job, is there any chance you are more annoyed on her behalf?

I'm just playing devils advocate, tribunals and ACAS aren't generally pleasurable/low stress experiences yet everyone in this forum seems to encourage people to just ht the big red button

I interview a lot and if I have even a hint someone has taken a previous employer to court I won't see them, maybe I am missing some talent but by and large everyone I have met who has gone this route has generally been a proper PITA and thats how they have ended up there, if she is in a remotely cliquey/small industry word will get around and she may find things a lot harder in future

[kiethton]

anonymous said:

[redacted]

No job progression is confidence/anxiety thing - huge industry which she wants to exit anyway which helps

[Buster73]

anonymous said:

[redacted]

She should take the whole week as sick , keep the holidays for later.