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not been paid holidays and confidential information leaked


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i started over a year ago with the company and i was told not entitled to holiday pay as casual and 0 hours, so got not holiday pay at all,

 

recently had someone i know who use to work at a union and they asked about my job and i told them everything and they said no you're entitled to holiday pay

 

they showed me how to work it out and turns out I'm owed £300, told my manager who informed wages, had half my payment. rest next week.

 

But I'm wondering if i can get last years holiday pay owed to me as it works out at £100 owed?

 

also When I started a few days later i received a message of someone who I had not heard of in a long time, asking if I had started working for them,

 

I asked how they know, and they said they had a call from someone at the company asking about me! but yet no one knew i was working for this company that knew this person, (this person use to work for the company many years ago)

 

I've mentioned it to my manager who told me to ignore it, I kind of have but it really plays on my mind wondering what else is said to this person as we do not communicate, or to anyone else.

 

Since I raised my holiday entitlement Ive since been told that my Sunday shifts are voluntary and that should not be taken into account, (I mainly work Sundays as no other shifts during week, so no wages if I don't),

 

Ive been told my hair needs to be different in how I put it up (never had issues before) been made to feel guilty if don't take overtime, not had an expenses traveling to other shops like i was told at start i would but then they took it away as they found out I drive,

 

I've had £271 in expenses for parking alone and bus tickets, this would never have occurred as my contracted place is just around the corner.

Edited by dx100uk
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Yes you are always entitled to Holiday Pay - If you are 0 hours - I believe it might be worked out Pro Rata

So they are making life particularly difficult? Is looking for another job an option with your location?

 

It seems they might be taking advantage of you - What does you contract say?

 

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You are certainly entitled to holiday - not holiday pay! There is an important difference. Payment instead of holiday is unlawful, although obviously it takes someone to complain about it and you aren't likely to do that! The only time that payment instead of paid holiday is lawful is when you are finishing a job.

 

That distinction is important, because it impacts on your question about recovering the previous years money. You weren't entitled to the money. You were entitled to the paid holiday. And paid holiday is "use it or lose it" - if you don't take it, then it is lost. Now I know you didn't know you could get paid holiday, but unfortunately, the law says that not knowing your rights is your fault- you have rights and its your responsibility to know them. So you can ask for payment, but you can't enforce payment.

 

As for the rest, well I think the writing is on the wall. You've worked there a year - even if you are an employee (which I can't be certain about), you have no employment protection. If you are truly casual, then you have even less! If they wish to tell you how to do your hair, then that's how you do your hair. Since you are casual don't have to accept any shifts, so if you don't want to work certain hours or locations, that's up to you. But they don't have to pay for you to go to those locations either. But I cannot see the basis for their argument about Sundays - that appears to be incorrect since all your shifts are voluntary! A casual worker doesn't have to accept any shifts!

 

I'm sure that they are being akward because you have realised that you are entitled to paid holiday. But I'm afraid that "being awkward" is unpleasant, not unlawful. I'd suggest that you get another job as soon as possible. I don't see this resolving happily, and much of what you want - the travel expenses in particular - you have no legal right to. So if you wish to refuse the shifts at other locations because of cost, that is up to you. But you'll be without a shift, and I suspect that is the point.

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Ps, sorry I missed one point. Where you work, even if you could prove what you are saying, isn't confidential information. I'm entitled to phone anyone I like about you. It's up to them whether they answer or not! I frequently call people and ask about other people - it's part of my job! There's nothing illegal about that. Although I understand that it's the bigger picture you are really unsettled by. And you are probably right to be. Unfortunately, as I said, that's almost certainly intentional on the employers part, but not obviously unlawful.

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deffo taking advantage of me, but i'm looking for other work need something with set hours, was offered it at another side and said yes, but my manager at contract job said no as i need them here for cover, but i was eager for the other one, and i tried to make it clear would be better for me, my area manager then said that i had sent a message to my contracted manager to say i didn't want it but i proof of other stating i do.

 

I'm upset as I feel as i was taken advantage of due to the situation at the time of taking employment.

 

thanks for the advice guys, hopefully new job soon.

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What you are describing isn't unheard of.

 

Unfortunately, within a single employer, even if another manager wants you, there's no legal redress if the employer says no.

 

In the end, it comes down to the luck of the draw.

Another employer, the more senior managers might support you. In this case they don't.

 

Given the circumstances, a new start would probably be preferable. It sounds like the kind of place that isn't going to hand out any awards for knowing (or learning of) your rights. That kind of thing can follow you anyway.

 

Given that your holiday is a pitiful amount (i'm sure that you don't see it that way, but in the grand scheme of things it is!) then any reasonable employer, and even a fair few unreasonable ones, would put their hands up and admit it was a mistake and sort it out without any fuss.

 

The fact they won't should tell you a lot about how they'd react over something more important than a small amount of money.

Edited by sangie5952
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Whilst I agree about union membership, if I am understanding the OP correctly, they pretty much only work one day a week. Unless they are on a lot more money than I think they are, even part time union fees may be more than they are willing to pay. It might be a false economy, but only they can decide that. Personally, I'd always pay the union and save on something else, but that's me.

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basically paid leave is 12% of your hours worked for the year. Work it out and send them a demand they pay up. Shift pattern irrelevant. I disagree with Sangie on this point if you were denied the leave or told you werent entitled, tyou are entitled to the money in lieu

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Whilst I agree about union membership, if I am understanding the OP correctly, they pretty much only work one day a week. Unless they are on a lot more money than I think they are, even part time union fees may be more than they are willing to pay. It might be a false economy, but only they can decide that. Personally, I'd always pay the union and save on something else, but that's me.

 

Good points, Sangie.

 

HB

Illegitimi non carborundum

 

 

 

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basically paid leave is 12% of your hours worked for the year. Work it out and send them a demand they pay up. Shift pattern irrelevant. I disagree with Sangie on this point if you were denied the leave or told you werent entitled, tyou are entitled to the money in lieu

 

Sorry but you are incorrect. Legally. The OP is expected to know the law. It's maybe not fair, but life isn't. This relates to annual leave which should have been taken last year - the law is also clear that leave not taken is lost unless there is a legal agreement to the contrary. And such an agreement can only relate to extrastatutory leave, not statutory leave.

 

And I will also repeat. Nobody is entitled to pay instead of annual leave unless there is an untaken amount of accrued holiday when the relationship is terminated.

 

That said, as I said, I agree that the OP can demand it. What they cannot do is enforce that demand. What you are suggesting is "fair" - but it isn't "legal". Sometimes you can get away with things. Sometimes you can't. But the OP would lose a court/tribunal on legal grounds.

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