Unreasonable employer

LegacyUser

Hi I am looking for a bit of advice, I have been working in a busy pub/restaurant for a number of years putting myself through college. I am nearly ready to finish up there but would like to get some advice about making the place more bearable for my colleagues.
Christmas has highlighted a few issues and spurred this post asking for advice.

I will give some background first. My employer is the manager/owner/everything basically, he will not trust anyone else in a role involving control of his business. He lives in the pub and takes no holidays ever and rarely exits the actual building as he is afraid the staff will ruin his business in every absence of his regardless of how short. He is extremely volatile and abusive often resulting in physical violence and has been sued a number of times.

The main issue is that he does not recognize things like holiday pay, breaks or extra pay on bank holidays/days in lieu etc. He has been asked a number of times about it but says that we will be fired for asking or telling anyone in an official capacity. That said it has been reported many times and nothing has ever been done about it.

He does not see why people would require holidays or breaks as in his words "the business should be your life".

Any advice on how proper entitlements could be achieved in this rather delicate situation?

bellissima

Unfortunately the other employees seem prepared to put up with it.

Mrs OBumble

Has it been reported to Workplace Relations? This should be the starting point.

http://www.workplacerelations.ie/en/Frequently_Asked_Questions/Making_a_Complaint/

I am surprised if they won't act if he's giving no one any holiday pay.

Princess Consuela Bananahammock

FrustratedWorker wrote: »

The main issue is that he does not recognize things like holiday pay, breaks or extra pay on bank holidays/days in lieu etc. He has been asked a number of times about it but says that we will be fired for asking or telling anyone in an official capacity. That said it has been reported many times and nothing has ever been done about it.

Then it hasn't been reported to the proper people.

It's not up to him what he "recognises" and does not recognise - it's the law. What he is doing is illegal and, to be honest, abusive. Have a read of this. Take your payslips (I'm assuming he goes give you payslips) to to an employment lawyer - or failing that the Citzens Advice Bureau (tel. 0761 07 4000).

It's pretty much impossible for him to defend this. Claiming to "fire" people is simply rule by fear. Firing people just makes it worse for himself as he;s then facing wrongful dismissal claims and even more (and more substantial) legal action.

If he's NOT giving you payslips, than that's the least of his problems and I'd be expecting the taxman to be showing interrest.

Nomis21

What is written in your contract of employment?

If you don't have one then he is in serious trouble if you take legal advice.

LegacyUser

Hi, thanks for the replies. We receive no payslips at all and there are no contracts (another thing he doesn't believe in). He has been in trouble with the tax man many times but always seems to come out of the situation without any punishment or recourse.
I will consider making a full report but given the reasonably small number of employees it could create a hell like environment.

Rock and hard place I feel.

Princess Consuela Bananahammock

FrustratedWorker wrote: »

Hi, thanks for the replies. We receive no payslips at all and there are no contracts (another thing he doesn't believe in). He has been in trouble with the tax man many times but always seems to come out of the situation without any punishment or recourse.
I will consider making a full report but given the reasonably small number of employees it could create a hell like environment.

Rock and hard place I feel.

Again, it's not what he believes in. Its a bit like saying a driver doesn't beleive in speed limits so can go as fast as he pleases.

There's only two possibilities here:
- you and your fellow employees signed a contract waiveing your rights to said benefits (which I don't even think would be legal)
- he's never had a visit from the taxman (the only way he could cover this is is with the option above)

Regrdless, he won't come out of a meeting with the workplace relations people without revourse.

You could also consider a civil case to recoup back-payment of all entitlements since you started (but you'd have to prove your start date)

therecklessone

FrustratedWorker wrote: »

I will consider making a full report but given the reasonably small number of employees it could create a hell like environment.

Unfortunately, if someone doesn't then he will continue to bully his staff and get away with blatant breaches of employment legislation I fear.

I feel for you, I really do. It takes a lot of courage to stand up to a bully, especially when it may have financial implications for yourself. The good thing (I gather) is that your time with this employer is coming to an end anyway.

On the issue of wage slips, are you aware if he is deducting PAYE and/or USC and/or PRSI on your behalf? Have you received a tax cert from the taxman, or a P60 from your employer in the past? How do you know he is paying you the correct net amount each week if he does not give you a wage slip? And would I be right in thinking he pays you in cash?

I'd echo the comments of previous posters, if he has been reported it is likely that it wasn't to the right people. The first action you should take is to take a few minutes to jot down everything you know about your working conditions: when you started, your normal working hours, your rate of pay etc. Then write down the things you don't have, or aren't granted: a contract of employment, wage slips, holidays (and their associated holiday pay). Now take all of that info to your nearest Citizens Information office and ask for their advice, they might put you directly in touch with the inspectorate at NERA who are responsible for work place inspections (to ensure compliance with employment legislation). If you give them your information then it is very unlikely your boss will escape unscathed.

After that you should submit your own claim to Workplace Relations which will initiate the complaints procedure provided for under the Organisation of Working Time Act (your entitlement to holidays are protected by this) and which can be joined to complaints under the Payment of Wages Act (right to a pay slip) and the Minimum Notice and Terms of Employment Act (which governs contracts)

Your case will then be heard by a Rights Commissioner and trust me on this, they are exceptionally well equipped to handle delicate and difficult cases like this. Just ensure that you have gathered as much accurate information about your case as possible, as this will help make your case for you.

Best of luck.

Princess Consuela Bananahammock

FrustratedWorker wrote: »

Hi, thanks for the replies. We receive no payslips at all and there are no contracts (another thing he doesn't believe in). He has been in trouble with the tax man many times but always seems to come out of the situation without any punishment or recourse.
I will consider making a full report but given the reasonably small number of employees it could create a hell like environment.

Rock and hard place I feel.

One other thing I should point out with regard to the lack of payslips: you may have trouble passed on to you when you try to prove you paid your own taxes or even that you've made PRSI contributions if you look to sign on.

Inaction could put YOUR ass on the line as well.