Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder
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    consortium Novitiate



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    Default Confused

    Hello all,
    I would be very grateful for some advice please regarding my current employer as things don’t seem right to me.

    I have handed my notice in to my current employers who I have been with since 2013. They are a small family company, I am their only employee.

    Since handing in my notice (I gave two months’ notice) they have been behaving weird and I am finding hard to trust them.

    We have had a busy month and I have had to work at lot of overtime.
    Including all the Easter bank holidays and the weekends.
    I don’t have an agreed overtime rate.
    I don’t get payment advice slips so it makes working out my pay difficult.

    However, I received a lettericon from them saying that the work I did extra will be paid with holidays instead of payment.

    They are also forcing me to take the holidays during my notice period
    . They have told me to take six days off and given 13 days’ notice.

    My question is
    are they allowed to swap out my pay for a holiday without payment.
    To be honest I was expecting days in leu of the bank holidays worked plus payment.

    Many regards.

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  2. #2
    Basic Account Holder
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    You'll regret it if you don't.
    Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative Sangie595 Highly informative



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    Cagger since : Nov 2016
    Posts : 553 (1.02 post per day)

    Default

    Quote Originally Posted by consortium View Post
    Hello all,
    I would be very grateful for some advice please regarding my current employer as things donít seem right to me.

    I have handed my notice in to my current employers who I have been with since 2013. They are a small family company, I am their only employee.

    Since handing in my notice (I gave two monthsí notice) they have been behaving weird and I am finding hard to trust them.

    We have had a busy month and I have had to work at lot of overtime.
    Including all the Easter bank holidays and the weekends.
    I donít have an agreed overtime rate.
    I donít get payment advice slips so it makes working out my pay difficult.

    However, I received a lettericon from them saying that the work I did extra will be paid with holidays instead of payment.

    They are also forcing me to take the holidays during my notice period
    . They have told me to take six days off and given 13 daysí notice.

    My question is
    are they allowed to swap out my pay for a holiday without payment.
    To be honest I was expecting days in leu of the bank holidays worked plus payment.

    Many regards.
    On what basis were you expecting days in lieu and payment? There is no legal right to that. There's no legal right to anything extra for overtime, and the method of compensation for overtime is down to your contractual terms. So you would either need that in writing, or you would need to be otherwise able to prove that what you were expecting was your right - so evidence that this is how overtime has always been paid in the past.

    But the answer to your actual question is yes, an employer can compensate you for overtime with alternative time off, and they can make you take it as leave at a time of their choosing. Such an arrangement is quite common, but it won't be a "holiday without payment" - it will be a day that you are paid for but which you won't work. In other words, you are getting your payment for overtime as paid time off.

    You have a legal right to payslips. But it isn't a right that is effectively supported in law - there's nobody you can report it to if an employer doesn't provide one. And unless you have some other claim to an employment tribunal, a claim purely with regard to no payslips isn't going to be worthwhile. You could submit a grievance, but have you actually asked them for payslips? Because that would be the first step in any event, and if you've never asked them for one, it does weigh on you to do so before taking stronger action. They should have done it, there's no excuse for an employer not to, but taking a sledgehammer to crack a nut isn't going to help you either.

    I would suggest that you clarify that you are getting paid for those days off, and if you are then is there good reason to believe the employer is doing something wrong? If not, then is it worth the hassle? Because there wouldn't appear to be anything to gain for you.


  3. #3
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    Follow Real_CAG on Twitter
    Cagger since : Jun 2012
    Posts : 5,639 (2.59 post per day)

    Default Re: Confused

    Hello consortium

    I am afraid they can indeed tell you to take it as leave. It does seem harsh that they are only now choosing to change an arrangement that's been different in the past, and unhelpful that you won't get the planned overtime, although you will still get your basic wage.

    It souds like an unpleasant environment, bet you are glad to be moving on. All the best in wherever you are going next!

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  4. #4
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    Follow Real_CAG on Twitter
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    Default Re: Confused

    It will be paid leave, there is no allowange in the employemnt legislation for any other sort other than by request for leave of absence.
    As you will have accrued annual leave and time off in lieu of overtime worked this must be taken in your notice period. telling you to take it on particular days may be a bit harsh if you had arranged to take ti at some other time before you leave but it is common to ensure that all the lose ends are tied up



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