No not Halifax. Probably best not to say where on an open forum with a case like this. She is actually getting 1.6 weeks holiday too little. Her employer knows this, otherwise why try to tell her that her bank holidays count - especially when he'd actually "forgotten" that she works bank holidays.

You're probably right. I just like to go into things fully armed with all the correct facts. We both feel that what has caused this dismissal is my partner asking for her legal rights with regards to holidays. Her employer, who also owns a small department store employing quite a number of staff, has tried to tell her that her holiday rights include bank holidays. Whilst we realise that bank holidays can be included in statuary holidays, she actually works bank holidays - it's written into her contract that she has to.

LOL. Just a LOT of searching on the internet. You have put our minds at rest with your answer:-) and my partner will certainly be taking this matter further. Thank you very much for all your help and information. I'll keep you informed of how things proceed

We will do that. Just one further thing: Am I right that there is such a thing called a dismissals agreement that has been exempted from the unfair dismissals provisions by an order made by the secretary of state for employment? And if this is so what type of employees would this apply to? Sorry to keep firing questions like this, I just want to get as much as I can clear in my fuzzy old head before we decide to take things further.

Again, "Thank You". This is what we thought. Would you suggest the CAB as a next step first thing tomorrow? Or a request for her to meet with her (former) employer?

No, she was not self employed. She paid income tax and National Insurance through her employer. Just the same as most of us. She has a contract of employment too. As far as not giving her the entitled holidays are concerned I would agree. There was no problem, of which she was aware, until she started asking for her legal holiday requirement. She only found out about her full legal holiday entitlement by accident while she was searching .gov for something else.

Directly by the lady's brother. There is no agency involved, but her situation is actually overseen by a case manager; I believe that this is something to do with the large compensation package she was awarded after the accident that left her brain damaged and spastic down one side.

Thanks, I'd already looked at that. Both my partner and myself are a little bothered that what her employer says may be correct and, where the job is looking after a vulnerable person, he has the right to do what he has done. I've tried googling but can find nothing relating to employed carers in a domestic situation. All I can find is information about peoples rights whilst working and caring for relatives etc. in their "own homes", not actually being EMPLOYED as a carer in the disabled person's home.

That's what I thought! But he has definitely told her that as she was working as a carer for a vulnerable person, the normal guidelines and procedures with regard to warnings and discussions do not apply. I don't know if this true. Could he just be "Trying it on?"

No reason given other than un-resolvable issues. The only issue that my partner is aware of, is that she recently discovered that she was not getting her full holiday entitlement, and so asked if this could be resolved from this new financial year in April. Even though she has not had her full entitlemant for the last few years she was quite happy to overlook that.

Thank you. So, is it correct that when working as a carer for a vulnerable person, you don't have the same rights re dismissal procedures as everybody else?

Can somebody please let me know how to do this. Can't find those options. Thanks

Sorry to hijack this thread but I wasn't sure exactly where to post. My partner, who has worked for almost ten years as a carer for a lady who was involved in a road accident, has just been fired. The brother of this lady ( the person who actually employed her) has told my partner that he doesn't have to follow the normal procedures of warnings and discussions, as she is the "Carer of a vulnerable person." Does anyone know if this actually true as her dismissal has come completely out of the blue. My partner doesn't even know what she has done, or not done to prompt this action by her employer.