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Everything posted by Waywardism

  1. I'm not looking for any kind of scapegoat, it's not about blame. Yes from a legal point of view it's my fault, I'm an honest guy and in turn expect others to be honest. In matters like this that's clearly a fault. All I wanted was the money promised to me in person. As for the last post no, before this I had never heard of an umbrella company. I'm not sure what your point is. Are you saying I should be happy to not pay income tax? Therefore I should count my blessings and shut up?
  2. How is it reasonable to expect that T&Cs on an online portal which you've been asked to sign up to to be able to view payslips and file expenses will cover anything other than the use of that portal, let alone constitute an employment contract? Of course I didn't read the bloody thing I'm a normal guy with some semblance of a life. I can't even be sure I ticked a box for it. I can't even be sure that there is even an option to view those T&Cs when signing up and that the company isn't just making it up on the spot to cover their arses.
  3. Ah but I was careful to make sure they confirmed that I was their employee. Ok maybe not harsh enough for duress but undue influence.
  4. I don't care about them getting paid for their services, as far as I'm concerned that should be between them and the agency. What happened to good old fashioned payroll departments, imagine being asked by an employer to fund it for them, that is essentially what's happening. What next, shall we pay their marketing budgets too. The apprenticeship levy as stated is a tax for employers, not employees, why am I paying it. It might not be ridiculous by the standards of umbrella companies, but to an employee duped into this nonsense it is very much so. Neither of these are mentioned in their terms and conditions, I don't see how it can be legal. On another point, slightly off topic, I didn't pay any income tax even though I earned well over the threshold. They claimed tax relief for expenses on my behalf. I didn't ask for this and I don't agree with it. I'm one of those weird people that wants to pay their way in full and help fund all the hospitals, schools, emergency services, welfare, etc, etc. I don't even know where to begin with that. This is the email I received, redacted of course, from the umbrella company inviting me to login to the online portal. Considering they said it will allow mw to view my payslips, is there not a case for me to say that anything I agreed to upon logging into it was done so under duress?
  5. A fee for processing payroll, holiday pay deducted from gross and something they called an apprenticeship levy. I have just been looking at the terms and conditions from their online portal, in the section about deductions it doesn't mention any of the above. It does mention holiday pay being deducted in another section though.
  6. I joined a recruitment agency, upon registering they simply told me I'd be paid through another company - no other information given. Payroll companies are nothing new to me, I know lots of agencies use them so I thought little of it. Got my first payslip and noticed some dodgy deductions on there, turns out the other company is an umbrella company and the hourly rate I was told by the agency was actually the uplifted rate paid to the umbrella company to cover all of the deductions, just to be clear none of this was explained to me by the agency. My contract with the agency does state that I am not their employee. The umbrella company have confirmed that they are my employer. I have not signed any contract with them. Upon asking for a copy of my contract they sent me a form I completed with my bank details on it, it has no terms or conditions of any kind. When I asked them to confirm it to be my contract they did indeed confirm it to be. After finally getting the details of all of the deductions from them, some of which are not even itemised on the payslip, I told them I believe they have made unlawful deductions from my wages as set out in sections 13 to 27 of the Employment Rights Act 1996 and asked them how they wished to proceed. They then sent me a copy of an unsigned form with all of their terms and conditions of employment on it, referring to one section which allows them to make the deductions. They are claiming that I had to accept these terms and conditions when logging onto their online portal. This may or may not be of consequence but I logged onto it thinking that was the only way I could see my payslips and without knowing at the time that they would be classed as my employer. where do I stand with this? Can they really use the terms and conditions on their online portal as an employment contract? Would a tribunal uphold this bull****?
  7. I would just ignore them if you're the keeper. I've dealt with these clowns a number of times after they slapped tickets on my company vehicle, not being the keeper I had to take the initiative or else risk my employers paying them and then taking it out of my wages. A fight I'd rather avoid. Anyway it's always the same, as the last poster said they will reject any sort of appeal you make. Even if you explicitly state that you're not appealing, simply informing them of your refusal to pay, they'll still reply saying your appeal has been denied. Then periodically they'll send letters demanding payment, threatening court action, kindly informing you how much more expensive court action will be for you. This will go on for a couple of years until their algorithm says you're not a payer. Then they're gone.
  8. I'm not in a union unfortunately. He won't flex at all, I know him he had a short stint as our manager in the company I actually work for and now he does some HR type role for the agency I'm employed by, he's a nasty piece of work. The director of the agency is lovely though. I will call her first thing in the morning, see if she will allow me to bring another colleague.
  9. Yes he mentioned I can bring a colleague or union rep/official. I have a question about that actually... See, myself and many of my colleagues are employed through an agency of sorts. It is the agency that is conducting this disciplinary. They specify that only a colleague employed by them can attend. The thing is lots of agencies are used by the actual company that I work for so very few of my colleagues are employed by the same agency as me. In fact I only know of one guy in my team and he's useless at stuff like this. Are they right to restrict me in this way?
  10. It's a disciplinary. Had an email from the HR guy about it but the reason he gave was kind of vague. As in it only stated the nature of the offense; no time, date, place, etc. So I honestly have no idea what it's about. I requested that information and he refused, saying it will be presented during the meeting. Their procedure states the meeting must not go ahead unless I have had reasonable time to consider my response. I can't consider my response without any details. So do I refuse the meeting or request a second meeting after I've received the information I need?
  11. I've been asked, via phone call this morning, to attend a disciplinary meeting on Wednesday. I asked why but was not given an answer, I was told I would be sent details in writing beforehand. A colleague had a disciplinary a while ago and was given nothing in writing before the meeting. I suspect I won't receive anything either. I've been employed by the company for almost 5 years. Their disciplinary procedure is an appendix on the contract, the contract itself states that the procedure is non contractual. Questions: Do they have to inform me in writing of the meeting? Do they have to inform me of the reason/s prior to the meeting? Their disciplinary procedure states that they will inform in writing of the meeting and reasons for it, but since the contract says the procedure is non contractual do they have to follow it? If I refuse to attend without first knowing the reasons and being informed in writing, what action can they take?
  12. I would normally agree but this was no mistake, it was very deliberate.
  13. Hi guys, Today I received a letter from my former employer with regards to an out of court settlement. The bit at the bottom they want me to sign reads: So what do you guys think? Does it all sound above board? Do you think it sounds as though they're overly keen to block me claiming anything else against them? Maybe a possible compensation award over the SMT thing that Che mentioned earlier? What's the likelyhood of me getting something like that if I refused their offer? I really don't know what the best way to proceed is.
  14. Well I gave a week's notice and worked it, haven't paid any attention to whether it was paid, I've just lumped it all in with the calculations for the whole year. What's SMT? And is it too late to do that since I already submitted the ET1 earlier?
  15. It states my rate of pay on my payslips so no worries there. They owe me £956.73. Most of my records don't show what I worked on a daily basis, just weekly totals. That shouldn't matter though right? I have daily totals for the last 6 months or so but only because the company decided we had to start submitting monthly timesheets, on top of our daily and weekly ones, and I made copies of those. I'm just wondering if it would be worth doing a SAR to get copies of all my timesheets? The wording of my ET1 is as follows... Background and Details In the final year of my employment with x, there was a continuous series of unlawful deductions from my wages. These deductions were made up of a combination of unpaid hours, holiday pay and payments for being on-call. I made numerous attempts to rectify the situation with varying amounts of success, at least in the early part of the year. The main people I dealt with on the matter both left the company part-way through the year, after this it was practically impossible to do anything about it. I would still notify my line-manager every month about any deductions, but he was totally ineffectual. The time period I am referring to is 21st March 2011 until 30th March 2012. The 21st of every month being the first day of that pay period, 30th March 2012 is when I received my final pay after leaving the company. During this time my pay was wrong every month. Compensation 73.18 unpaid basic hours @ £7.50 = 548.85 11 unpaid weekend hours @ £8 = £88 6 unpaid days on-call @ £20 = 120 outstanding holiday pay of £341.40 Minus a 'salary in arrears' payment of £141.22 in July 2011. Total: £956.73 Other Info I had no written contract with x despite asking for one on several occasions. My hours were variable 'as required', as such the way I have calculated my holiday pay is 12.07% of hours worked. I always received my pay slip late, sometimes more than 3 weeks late so that we were already in the following pay period, despite numerous reminders that it is a legal requirement to supply them on or before payday. This of course made it more difficult to get deductions rectified.
  16. So I wrote the LBA, gave it 10 days... no reply. Tonight I completed an ET claim form online. Now I'm wondering about evidence. What are they going to expect me to produce? I have nothing other than my payslips and my own records of what I've done, which by all accounts is just a bunch of numbers and dates that I've written on pieces of paper...
  17. Ok, do I have to address that letter to anyone in particular?
  18. I worked for my previous employer from Dec 09 - Mar 12. I've always had problems with my pay, constantly wrong. Several times I've chased them for money they owed me whilst still employed by them, with occasional success but mostly just mind-numbing frustration. I kept records of everything I did. When I received my final payslip I decided to have a look back over the previous 12 months (that's when the pay problems started getting really bad, before that I just managed it by adding the odd hour here and there to my timesheets). I discovered they have short-paid me by more than £1000 over the course of the year. This is a combination of basic hours, overtime, on-call rates and holiday pay. What's the best way for me to get this money off them? I have no way of contacting payroll, nor do I even know the names of anyone in payroll, and there's no HR department.
  19. I wonder if there are any experts on holiday pay out there. I should probably start by saying I don't have a written contract to refer to. I work Monday to Friday and my hours vary every day. I get 20 days holiday per year and I don't work Bank Holidays but do get paid for them. The way the company works out how much to pay for holidays and Bank Holidays is where my argument with them lies. Say, for example, in the previous 3 months I worked 600 hours and there were 60 working days. They would simply go 600/60 = 10 and they would pay 10 hours per holiday day taken. They do this regardless of any holidays you've taken in that period. So let's say I had 2 weeks (10 days) holiday in that period, I would still get 600/60 = 10 hours for my holidays this time around. Surely though it should be calculated on the number of days I actually worked, ie, 600/50 = 12 hours? It would seem we're being wrongly punished for taking holidays within 3 months of each other?
  20. The employer has not mentioned breaks. They simply say if you work for 6 hours they will deduct 30 minutes. Can an employer even make breaks mandatory?
  21. Well I start work at 4pm, we're supposed to be out of the depot by 5pm but that never happens it's usually 5:30 at the earliest. So that's at least 1.5 hours each day I'm not driving. My job is delivering to care homes, so all the time I spend in the homes isn't counted towards driving time either. I don't take a lunch break. This is purely about them taking a part of the domestic driver rules, changing it a bit and using their own version to try to cut down on the wage bill. What I want to know is what course of action can I take against them? Since my efforts to resolve it informally have ended in the lovely HR lady at head office screaming at me down the phone that it's not negotiable.
  22. I'm a driver for a pharmacy, I work part-time anything from 4.5 - 7 hours per day. Last month we received a memo saying that if we worked 6 hours or more in a day we would have half an hour deducted from our pay, that this was the law and it was non-negotiable. The memo went on to say that it was nothing to do with the working time directive but instead came under the domestic driver rules. I checked out these domestic driver rules and they say that if you are driving for 5.5 hours you must take a 30 minute break. The thing is I'm never driving for more than 4 hours so this can't apply to me. I got my payslip yesterday and sure enough they've deducted 2.5 hours for the 6 hour shifts I did last month. What should I do about this? I haven't been there long enough for a tribunal, and this has come straight from one of the directors so any form of grievance procedure would be a waste of time.
  23. Really? Why is that? I just figured that to be classed as a deduction it would have to show as one on my payslip. EDIT: Ok I just read something about this on adviceguide.org and it says that there is usually a 3 month time limit for making a claim to a tribunal. Does that mean my employer can just not pay it, knowing that when it comes to the crunch I can't do anything?
  24. Hi everyone, I have a slight problem with some Bank Holiday pay that's owing to me. This is for the 3 days of Christmas Day, Boxing Day and New Years Day. We don't work Bank Holidays but we get paid for them based on our average hours. I didn't notice that I hadn't been paid for them, for one reason or another, until the end of May. Now the woman in HR at head office, who my manager spoke to for me, has said that because it's the next financial year they can't pay me. I've done a bit of research and I know this is nonsense and they have no right to still withhold it. I also know that I have to go through the grievance process and send a letter to request a meeting to discuss the matter. What I don't know and am hoping someone here does: What has to be in that letter? Do they have to have the meeting where I work or can they insist on having it at head office? (head office is 75 miles away) Should I request the meeting be with the head of a particular department, if so which one?
  25. Employers of the PPC? Not sure what you mean exactly? The charge was issued by Parkshield. I was parked on an industrial estate in a space infront the unit next door to our head office, it was one of their employees that put the ticket on my van. I've since found out that we have a history of neighbourly disputes with them over all manner of things going back years, they're all as bad as each other by the sounds of it. So there's no chance of getting them to get the PPC to back off if that's what you were thinking?
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