resigned, boss is demanding I change the date of resignation along with other things

[KIT77]

Hi Guys and thanks in advance for your help,
My Son resigned his a job at a restaurant giving 3 weeks notice to help the owner (he is on a zero hour contract, in fact he has no written contract) he has worked there for 2 years working 50 or more hours through summer and has never had holiday or holiday pay, she has demanded that he change the date of his resignation to today and that his girlfriend hands in her resignation too (she has worked there for a year on a zero hour contract nothing written and never received holiday or pay) to further complicate things the boss is aware that her chef who she has had to recently fired for misconducted was arrested at the restaurant a few weeks ago and there is an on going criminal case for sexual assaulting my sons girlfriend (not a work) but he had been sexual harassing the female staff and there is proof, we have a recording of the boss saying she knew he was a bully. She has also taken to social media to say what leaches she had employed taking furlough and giving nothing back etc. She's become really vile and has messaged 4 time in 24 hours telling him he needs to change the date and that his girlfriend needs to send her letter of resignation. She has also sent messages demanding to his girlfriend demanding her resignation, she is go through a tough time right now so this seems cruel.
Where do we stand legally?
What legal process can we start against her?
How is best to respond to her harassment?

[ULA]

If your son has no contract of employment, which even on zero hours he should do, then he has to give statutory notice which is one week. When did he actually hand in his notice?

The boss cannot demand your son's girlfriend hands in her notice, how long has she been employed there?

On the holiday pay I hope that both your son and girlfriend have accurate records of the hours that they have worked as they can made a claim for holiday pay.

[KIT77]

Thanks Ula they are both on PAYE so they know how many hours they have worked, and have weekly rota's sent to them so they have records. He handed in his notice 2 days ago and gave her 3 weeks notice to try and be helpful but she is demanding he change the date of his resignation to the day he sent it. Why would she want him to reduce his date by 3 weeks? Also I'm not sure he could be on a zero hours contract as he works 50 hours a week through the summer months? I am assuming she is breaking the law by not giving him a contract. He has worked there for 2 years and he was unaware that he was entitled to holiday or holiday pay, she has never once spoken to him about it, so she has never paid him a penny or his girlfriend who has been there a year! Is there anything he can do about that? Can you back claim holiday pay if your employer has not be honest or forthcoming?

[ostell]

Yes you can claim holiday bay. Look up this page for calculations of time and money. Holiday entitlement - GOV.UK (www.gov.uk)

If there has been no holiday taken then it's roughly 5.6 weeks per year so after 2 years that's going to be 11 weeks money.

[ULA]

There are several issues here:

1. Even on zero hours they should have been given a statement of terms.
2. If your son worked more than 48 hours a week averaged over a 17 week period, did he agree to opt out of the 48 hour working time regulations?
3. Both your son and his girlfriend are entitled to holiday and holiday pay even on a zero hours contract and the link given by ostell is very useful.
4. In the absence of a contract the statutory notice your son has to give his one week. If his employer does not want him to work it then he can be paid in lieu of notice. As he only legally has to give one week then it would be harder to argue the 3 weeks even though that us what he has initially given.