Perhaps go back to basics and ask them to explain how you can be both present at work and absent on holiday on the same day.

You can't have both a zero hours contract and be subjected to a detriment (by reducing holiday entitlement/pay) on the grounds that you work a 6 day week. So, which is it? What does your contract say about your working hours/days?

You can use your contract clause titled 'Holiday Pay'. Any accountant should know how to calculate an average, it's junior school maths. In case he doesn't; explain that all he needs to do is add together the last 12 weeks wages then divide that total by 12.

The EAT disagrees with the accountant. http://www.bailii.org/uk/cases/UKEAT/2002/940_01_1403.html

I agree with Emmzzi, the fixed- term thing is a red herring. You'll find the legal definition of a fixed term contract/employee in the link below: http://www.legislation.gov.uk/uksi/2002/2034/regulation/1/made So, you only qualified as a fixed-term employee during the period Jan 2011 to Jan 2012. (I assume that you would've mentioned it if your employer had extended or renewed the fixed-term contract.) Therefore; Jan 2004 to Jan 2011- permanent ... Jan 2011 to Jan 2012- fixed-term contract... Jan 2012 to present- permanent = Jan 2004 to present- effectively permanent contract; for the purposes of continuous service, redundancy and any other employment rights. The absence of a written contract (or other document) is irrelevant.

I agree, you should receive 4 weeks pay (including the 1 weeks holiday taken during your garden leave).

I think that the bit about continuing contracts sums it up nicely. You effectively have a 'permanent' contract running from January 2004 to the present. Although there was a fixed-term contract during that period that started in January 2011, they failed to either renew or extend the fixed-term contract before it expired in January 2012. So you ceased to be a fixed-term employee on that date. Instead you continued working there, so you automatically reverted back to your old 'permanent contract' with all it's attendant rights.

Did you work the 4 weeks notice?

If your contract entitled you to 27 days + all bank holidays you need to recalculate the holiday pay due. So, 35 days entitlement / 52 weeks..... But don't forget to deduct any bank holidays taken since 1st April as well as the 1 day booked and taken. Perhaps it would be easier to just go forward 2 weeks from your termination date for the notice period. This would make due your normal monthly pay for May and take you 3 days into June, about 1/10 of a month. So, £1709.65 + £170.96 + £ accrued untaken holiday pay = £?

Also, are you sure that when you were paid monthly on 25th of each month that the payments covered period from the 25th of one month to 24th of the next? I ask because it would be more usual for the payment to cover a notional whole month (i.e. 1/12 of a year).

You need to re-calculate the holiday pay because, regardless of what your contract may have said, the statutory minimum paid holiday entitlement for someone working 5 days a week is 28 days.

As you weren't employed to work on this one specific contract I'm as doubtful as you appear to be that TUPE would have applied to your role. However to be on the safe side I'd be inclined to name both employers as respondents in your ET1 and let the tribunal decide the TUPE issue. If the Tribunal decides that there was a transfer both employers will be jointly liable for some of the claims. If no transfer, just the old employer will be liable I wouldn't accept a payoff from the new Company, just in case the Tribunal decides that there was a transfer. Heads of claim should include: Failure to elect employee representatives. Failure to properly inform and consult. Unpaid accrued holiday pay. Unpaid notice pay. Unpaid redundancy pay. Constructive dismissal. Unfair dismissal. Gather together and keep safe any relevant documents that you have from the old and the new employer. Submit your ET1 before July while employment tribunals are still free of cost.

On what date did the 'transfer' take place? Did you address your resignation to the old or to the new employer?

If the Company no longer needs a full time employee to do your work your role will be redundant as a 1 day a week role wouldn't be a suitable alternative. In the circumstances subcontracting the remaining work to you seems like a sensible solution. Just make sure you come to a reasonable agreement on your availability so that you are free to find other work.

Yes it's definitely £7.21. It's written on your payslips. It would make no sense to put £7.21 on your payslips because it was the overtime rate and fail to write in your normal rate at all. They've confirmed that it's your pay rate by saying that the £625 was on the payslips when they thought that your contracted hours were 20 because that would be the correct monthly pay for someone working 20 hours @ £7.21. If you can prove that you worked 160 hours you should have been paid £1153.60 + whatever is due to you for untaken accrued holidays. So a minimum total of £1432.90. More if you can prove a higher than minimum holiday entitlement. Do make sure to keep everything in writing from now on. Send them a breakdown and explanation of what you are due. Make it as detailed as possible. Include everything; every day/hour you worked, every payment you received, your pay rate, your contracted hours, your contracted annual holiday entitlement, your accrued entitlement etc. Write that you have tried to resolve this in several phone calls to HR and payroll without success. Write that you expect to receive the balance of £? within 7 days of receipt of your letter. Keep a copy for yourself and send one each to payroll and to HR by recorded delivery. Check on track and trace and print off copies of the receipts. Don't worry too much about the timescales for an employment tribunal claim. You've got a couple of weeks and it's a very simple claim. It shouldn't take more than an hour or so to do online and we can talk you through it or tell you what to write if necessary. P.s. If you can find out what your contract says about your holiday entitlement, let me know and I can calculate exactly what you're due.

I'll have a go, but first can you tell me whether your 15 minute breaks were paid or unpaid? If you were never told or your contract doesn't say, it's likely that they were unpaid when you consider that you had to clock out for them.

Your original calculation of 156.4 hours = £1127.76 is correct IF they just paid you for every single minute you actually worked. However, a lot of companies have policies whereby they pay by the completed hour, half hour or quarter hour. So, if it isn't mentioned in your contract you need to find out the policy of this employer. Another thing to consider is that, because you were contracted for 25 hours a week, your holiday entitlement is accrued as if you worked 25 hours every week regardless of whether you were actually off sick or on holiday during any of the relevant period. (You don't work out your holiday pay entitlement based only on the hours that you were present at work.) So based on the period you worked there your statutory minimum holiday entitlement is 38 hours and 44 minutes (£279ish). If your contract entitles to more than the minimum (you said earlier that you thought it could be 156/year) it will be more.

I must say that they are making a right pig's ear of this. I can't see why you need to call HR. Is there some reason why HR won't speak to payroll? Why can't he just ring HR himself to confirm that your contract says 25 hours? They must be using a very unsophisticated system indeed if they can't add 5 hours on. What are they doing? Counting with their fingers and toes?

By 'salaried' they mean paid monthly. So £7.21 per hour = £781.08 per month because your contract says 25 hours a week. £7.21 X 25 X 52 / 12 = £781.08

Did you have a written contract, statement of particulars or any other document covering holidays? If so, did it state when the holiday year runs from/to? e.g. April-March On what date did your employment end? By that I mean; what was the last date of your notice period whether or not you worked it.

I think that (if you were entitled to the statutory minimum holiday entitlement) you accrued 38 hours and 44 minutes of leave. However this depends on your answers to the following questions: 1. Do you have a contract of employment/statement of particulars or any another document covering this employment? 2. Do you have anything in writing from this employer saying that you are required/contracted to work 25 hours a week? 3. Do you have anything saying how much annual leave you are entitled to? If so, what does it say? 4. When does the company's holiday year run from/to (e.g. April-March)? 5. When you had 'a lot of time off' was this due to sickness? P.S. Was it your decision to leave?

1) If, when you work on a bank holiday, you are still paid for a full day even though you work half an hour (or whatever) less; it seems reasonable for your employer to expect you to make up the lost time on another day. When you work on a bank holiday it becomes just another normal working day and I expect that if you finished early (for whatever reason) on any other normal working day they'd expect you to make it up then too. 2) You used the time off for dependents exactly the way the Statute intends. i.e. dealing with the emergency and arranging care for your son. There is no statutory right to pay for this. It appears that your employer allows up to 4 days contractual emergency leave for dependents. Does the handbook stipulate that emergency leave must be taken in full days? Is this emergency leave paid or unpaid? Is it entirely separate from your holiday entitlement?

Those ^ are some examples of potential areas of less favourable treatment. The law describes discrimination as; treating someone less favourably than others because of a protected characteristic. Protected characteristics include; age, disabilty, gender reassignment, marriage and civil partnerships, race, religion or belief, sex, sexual orientation. So, to claim unlawful discrimination you need 3 things. 1. You need to have suffered less favourable treatment. 2. You need to have a protected characteristic. 3. You need your protected characteristic to be the reason why you suffered the less favourable treatment. Number 3 is the important one. Without it there's no discrimination. What appears to have happened here is: One person asked for extra hours. Overtime became available. The overtime was given to the person who asked for extra hours. Now it's understandable that caring guy and other staff are unhappy because they would have liked to have been considered for the overtime too. The best way forward seems to be to make sure that management are aware that all these staff would like to be offered any future overtime.

Prouty You need to either ask for written reasons at the hearing or write asking for them within 14 days. See 30 below: http://www.legislation.gov.uk/uksi/2004/1861/schedule/1/made Your legal team have probably done this, but I thought I'd mention it just in case you didn't already know.

I agree that it's a unique, identifiable record of a disciplinary. It appears that reason for the disciplinary was you were alleged to have accessed voice recordings. You agreed that you had done so. Your purpose was to gather evidence that your manager had lied. (I agree that it's not pleasant to be lied to, but I'm sure that the ability to lie to staff is pretty much a job requirement for quite a few managers if only to keep the peace.) What I'm confused about is what outcome you were hoping to achieve in this meeting. This is employment not slavery. If you want to resign just do it. You don't need their permission. That transcript clearly shows that you have lost all trust and confidence in the company. Do you prefer that they dismiss you on those grounds? Or on the grounds of your admitted misconduct?