Anyone clued up on employment law?

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bernardbresslaw

bernardbresslaw

Striker
The sister-in-law (no - and I'm doing you a favour) set up her own little cleaning and ironing business about 4/5 years ago after being off work with pretty serious health issues.
She does all the ironing herself and has 4 cleaners, she charges £32 for a 3 hour clean and pays then just above the minimum wage (my wife - again no - is one of them) and she scrapes by.

A few weeks ago one of her cleaners (Irene - not her real name) went of work with stress (even though she later bumped into her on the bus on the way to a night out on the drink and she seemed ok enough - but I suppose that proves nothing). It's causing havoc with her business as she now can't cover the regular cleans, most are just saying they'll wait until she gets back and don't want a replacement cleaner (so she's losing revenue), a couple have gone to another company, one has decided she can now do without. On top of that she has found out that she has to give her sickness pay.


Irene was supposed to have her 2 week summer holiday soon (she obviously gets holiday pay) but has cancelled as she's on the sick, but presumably she'll then be able to take her holidays later. The sister-in-law has asked her a few times when she'll be back and Irene says she can't give a date.

What is the law re. bladdering her and getting another cleaner? This is going to put her under within a few weeks if she doesn't do something as another one of her cleaners has broke her hand on holiday and when she comes back next week she's going on the sick.
 


Can't see what much she can do
If it's above board and she hasn't got them on zero contracts there's not a solution.
Holidays should be pro rata .as in earned from working . You're a long way off getting rid of her because she's too sick to work .
Tough one
Sounds like she's exposing herself to too much risk for the profit margins
 
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bernardbresslaw said:
The sister-in-law (no - and I'm doing you a favour) set up her own little cleaning and ironing business about 4/5 years ago after being off work with pretty serious health issues.
She does all the ironing herself and has 4 cleaners, she charges £32 for a 3 hour clean and pays then just above the minimum wage (my wife - again no - is one of them) and she scrapes by.

A few weeks ago one of her cleaners (Irene - not her real name) went of work with stress (even though she later bumped into her on the bus on the way to a night out on the drink and she seemed ok enough - but I suppose that proves nothing). It's causing havoc with her business as she now can't cover the regular cleans, most are just saying they'll wait until she gets back and don't want a replacement cleaner (so she's losing revenue), a couple have gone to another company, one has decided she can now do without. On top of that she has found out that she has to give her sickness pay.


Irene was supposed to have her 2 week summer holiday soon (she obviously gets holiday pay) but has cancelled as she's on the sick, but presumably she'll then be able to take her holidays later. The sister-in-law has asked her a few times when she'll be back and Irene says she can't give a date.

What is the law re. bladdering her and getting another cleaner? This is going to put her under within a few weeks if she doesn't do something as another one of her cleaners has broke her hand on holiday and when she comes back next week she's going on the sick.
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Pay them a share and make them self employed, that would solve all the problems
 
Nothing she can do other than to get another temporary cleaner in for a while , it’s just something that employing people involves really.
 
Depends how long she has been working for her.

She is entitled to claim the sickness pay back I think.

Just bin her off and take the chance.
 
If Irene has been employed for less than 2yrs she could be binned provided there were no discrimination angles that could be raised e.g. age/disability. More than 2 yrs either look to pay her off with a compromise agreement or wait it out and get in a temp worker in the meantime.
 
JAZZMANB said:
Can't see what much she can do
If it's above board and she hasn't got them on zero contracts there's not a solution.
Holidays should be pro rata .as in earned from working . You're a long way off getting rid of her because she's too sick to work .
Tough one
Sounds like she's exposing herself to too much risk for the profit margins
Click to expand...

Totally above board, she pays them full holiday pay (pro-rata). The woman is taking the piss (don't want to go into too much detail) and it's disappointing she thinks it's ok to bring down a small business.
She has got 2 weeks booked abroad in a couple of weeks and she's thinking she can get her sick pay for them, then still have her holiday pay for later in the year.
 
bernardbresslaw said:
The sister-in-law (no - and I'm doing you a favour) set up her own little cleaning and ironing business about 4/5 years ago after being off work with pretty serious health issues.
She does all the ironing herself and has 4 cleaners, she charges £32 for a 3 hour clean and pays then just above the minimum wage (my wife - again no - is one of them) and she scrapes by.

A few weeks ago one of her cleaners (Irene - not her real name) went of work with stress (even though she later bumped into her on the bus on the way to a night out on the drink and she seemed ok enough - but I suppose that proves nothing). It's causing havoc with her business as she now can't cover the regular cleans, most are just saying they'll wait until she gets back and don't want a replacement cleaner (so she's losing revenue), a couple have gone to another company, one has decided she can now do without. On top of that she has found out that she has to give her sickness pay.


Irene was supposed to have her 2 week summer holiday soon (she obviously gets holiday pay) but has cancelled as she's on the sick, but presumably she'll then be able to take her holidays later. The sister-in-law has asked her a few times when she'll be back and Irene says she can't give a date.

What is the law re. bladdering her and getting another cleaner? This is going to put her under within a few weeks if she doesn't do something as another one of her cleaners has broke her hand on holiday and when she comes back next week she's going on the sick.
Click to expand...

Let me get this straight:

Your sister in law has an employee who was driven to mental illness

Her first reaction was to replace her but clients didn’t want that

So you’re now looking for a way to sack her? For having the audacity to be mentally ill?

f***ing wow
 
To much emotional guff in the original post .

Stick to the facts.

She’s on the sick.
She’s accrued her holiday entitlement and the employer has to honour it.

Employ temporary staff until she returns fit for work .

Keep her customers happy with the service she provides.

Quite simple really.

If she thinks her employee is swinging the lead , deal with it on her return to work.
 
Ken Tishtown said:
Let me get this straight:

Your sister in law has an employee who was driven to mental illness

Her first reaction was to replace her but clients didn’t want that

So you’re now looking for a way to sack her? For having the audacity to be mentally ill?

f***ing wow
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Pretty much aye.
Apart from "replace her" meant with another cleaner until she came back, but you crack on with your agenda.
 
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bernardbresslaw said:
Totally above board, she pays them full holiday pay (pro-rata). The woman is taking the piss (don't want to go into too much detail) and it's disappointing she thinks it's ok to bring down a small business.
She has got 2 weeks booked abroad in a couple of weeks and she's thinking she can get her sick pay for them, then still have her holiday pay for later in the year.
Click to expand...
The holiday isn't the issue
She could have gone away and been sick later in year
People often take holidays when off with stress .I took my wife away when she virtually collapsed at work from stress .
. If people are saying they'll wait this "Irene " is clearly good
I wouldn't have named her mind
 
bernardbresslaw said:
Totally above board, she pays them full holiday pay (pro-rata). The woman is taking the piss (don't want to go into too much detail) and it's disappointing she thinks it's ok to bring down a small business.
She has got 2 weeks booked abroad in a couple of weeks and she's thinking she can get her sick pay for them, then still have her holiday pay for later in the year.
Click to expand...
The bit about the holidays is correct. If you're off sick then any holidays booked in that period are or should be given back on your return. Dont think there's much that can be done unless you can prove she's not actually sick.
 
JAZZMANB said:
The holiday isn't the issue
She could have gone away and been sick later in year
People often take holidays when off with stress .I took my wife away when she virtually collapsed at work from stress .
. If people are saying they'll wait this "Irene " is clearly good
I wouldn't have named her mind
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Second paragraph mate - said it's not her real name.
It's not that she's good, it's just that most of the customers are elderly and they get used to a certain cleaner.
 
If it's an established business, would the existing customers bat an eyelid of a price increase to £36 with the promise of a more reliable service?

Paying close to minimum wage (I'm guessing like a lot of companies, it's only just over) invites problems. It's amazing what a pound and hour extra will get out of a staff member, partly because it makes them feel more valued, despite it not equating to that much.

She'll be lucky to find loyal staff at that wage and I'd suggest that she needs to re-asses her business plan and pricing rather than trying to bin off a stressed worker as it's avoiding the actual problem.
 
captain fatty said:
That's why employers are all but screwed in this country, it's always someone else's fault
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She's too soft with them. One was doing extra cleans for her customers and not telling her (keeping all of the money for herself) and she gave her chance after chance until she eventually got rid.
 
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