loz
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This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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I've been here long enough to know that promotion or increased pay are very unlikely unless there is a big change in our clients' requirements
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Thanks all for the replies. I may not have explained completely clearly (the H&S situation is a bit of a red herring); what I am objecting to specifically is being referred to by a job title which, although it exists in some of our other locations, does not exist in our tiny site. I have again requested that they do not refer to me as manager/supervisor/team leader, all of which were used in the H&S policy and all of which are specific positions in the company above my pay grade. I have pointed out that I am not aware of the job description for such a position (hell, I don't seem to have a formal description for my current role!), and this makes me wary of being seen as responsible (in some eyes) for things that I have not received training/briefing/pay for. Pay aside (it would be nice!), if the creation of such a position were being considered there is no guarantee that I would consider applying, or that the company would consider me suitable!
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As above, I understand that someone needs to be responsible for H&S on a local basis - that's not what I'm asking. My point is that they should no more call me office manager than they should call me a director. It's not my job, and I don't like the implications of such assumptions.
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I've been with my employer for over 12 years and during that time have gone from being an engineer to senior engineer, "senior" in this case referring to length of service / experience. Last year, after previously working alone, I gained an office buddy - we both report to the same manager so although he is on a much lower grade than me, I am not his boss. At the time he was hired, I pointed out to the company that I didn't seem to have a proper job description aside from my title, and HR promised to provide one. I'm still waiting. Since then there have been a couple of times where I've not been happy at assumptions made about my role. Mainly, the Health & Safety manager circulated a new H&S policy this year which outlines various responsibilities to named individuals - I am named in this document as a manager. I pointed this out to the H&S manager, that I am not a manager, but if they were to offer me such a position (2 grades above my current pay), then I might consider it... of course they will be doing no such thing. I understand that someone needs to be responsible for H&S on a local basis, as there is only two of us in this office, but I'm really not happy that other people think it's OK to incorrectly assign job titles, and the assumptions that might follow.. Today I have been asked to complete "H&S training for managers", and again there is a document attached to the email which lists me as office manager. I am happy to take certain responsibilities at a local level, but unless they are going to promote me I don't want to be referred to in this manner. TBH I'd love the money but I have no aspirations to be a manager, it would be a complete change from my current role and something I have no training or experience for. Just wondered if anyone else has been in a similar position..?
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Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
I finally got a reply on this from HR! Not quite what I hoped for (which would have been back pay for 8 years), but they have finally caved in and said they will pay my on-call allowance when I am on leave. Backdated to a 3-month gap between holidays as per the guidelines that came out of the tribunals, so I will get an extra £600+ gross next month. Ex gratia of course, they don't accept that they are obliged to do this - though they agree that the on-call payment forms part of my normal remuneration as per Williams/BA. They want me to keep this confidential (at least as far as my colleagues being the implication), and accept the payment as full and final settlement. I trust that if the guidelines are further changed or clarified in the future that I will still be able to revisit this..? Better than nowt I guess! Loz -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
I emailed HR again.. they had told me previously that "there is no legal precedent around this subject but we are aware that this is something that we need to better understand" Anyone got any further experience of situations like this and Lock vs British Gas? -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Just sent this email: -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Very interested in the EAT ruling on holiday pay, though not so much the thing about 3 month gaps between holidays. I did however see this quote after the ruling: I have emailed HR today asking for the company's view on the ruling, in relation to my own situation of being on 24/7 standby for over 7 years... [edit] I just recalled that their own handbook says So maybe the breach of contract angle would work..? -
Lloyds Overdraft Terms deemed Unfair in new Bank Charges Victory
loz replied to manchesteruni's topic in General
This is fantastic! I have never given up hope that I can resume my case against the former Alliance + Leicester, I will be keeping an eye out for further developments -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Hi Honeybee, Since my previous update where I was told I haven't progressed this, as I didn't know what I should do. I don't see how they can claim it's a variable allowance when I get it every day of the year just for existing. -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
I came across Neal vs Freightliner (tribunal), which I have not seen mentioned on this forum, and I think it will help me with this. I appreciate that there is an appeal pending by Freightliner, and that the verdict of the tribunal is not binding, but this could net me around £3000 going back to 2007. -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Company response to my initial query, which I sent before I went on hols: Thoughts anyone? -
AAARGH! I foolishly thought I was rid of HMRC - received a letter this week making another demand for £845-63, apparently they wrote to me "recently" about it... try 3 years ago! Given that they haven't given a toss about any of my previous arguments, I'm not sure what to do. Mind, I never wrote to my MP last time, maybe I'll do that.
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Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Argh, the handbook says which contradicts my POE :???: -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
I made an error, thankfully before I put the question to my manager... this morning while I was looking for something else, I found a revised "Particulars Of Employment" dated 2008 (!) - No idea why I didn't file this properly, but it's signed and all that.. It is more personalised (general stuff is in the Staff Handbook as mentioned earlier), including my normal working hours which are stated as M-F 9-5:30. Also it says I feel like my theory may have a hole -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Kinda informal at first I think, give them chance to discuss this amicably. My manager is visiting site next week (first time in a year!) so I'll see what he has to say then. -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Hi Che, I think I am going to try this... I want out anyway so if everything goes wrong it's not so bad - as long as I can find another job! Cheers Loz -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
I usually work 9-5 but this is not specified in my contract, and my basic pay is based on 37.5 hours per week. I make my hours a little flexible depending on what I am dealing with and where I am working. I find myself working overtime (and claiming for it) fairly regularly so it could be said that my hours and pay vary. Can't recall when the policy change was implemented but some time last year the company stopped paying for overtime worked during "normal shift days", giving time in lieu instead. Overtime worked on "days off", weekends in my case, is still paid. I haven't started the conversation with my manager yet, wanted to get my head round it properly first! Thanks again elche -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Hi elche, It does all seem clear as mud doesn't it... anyway I dug my contract out, which is a company standard one dating from 2004 - it sets out several things which have since changed (though no new contract has been issued) including my salary and line manager. My paid holiday entitlement is 20 days plus 8 statutory holidays. We also have a "staff handbook" which is updated occasionally, and although it does not form part of our contract of employment, we must comply with its contents. In here I have found this: So my question is, does my "on call allowance" count as a "shift premium"? -
Holiday pay and on call allowance
loz replied to loz's topic in Employment and minimum wage problems
Thanks for your reply - I added up the days I missed out on this allowance due to taking holiday and it comes to over £2000 since the start of 2007! Some days are weekends which aren't part of my 20 days per year, however they were consecutive to holidays I did take so IMHO I am entitled to be paid them. Forgot to dig out my contract this morning.. -
For several years I have claimed a small daily "on call" allowance in addition to my salary, reflecting the contracts I cover for my employer and that I am their only employee for about 150 miles. Effectively I am on call 24/7, and while this is generally not onerous and doesn't prevent me doing things like going to the pub (enquiries can on the whole be dealt with over the phone or next day), the fact remains that I am "expected" to be available by both the company and their clients. To date, when I have gone on holiday I have not claimed this allowance for those days - I am clearly not available for work so logically can't be on call - and the company have never said a word about this. Reading around recently though, it seems like my holiday pay should reflect my normal pay. The on call payment is marked as such on my payslip, it isn't part of my salary, but I do rely on it - especially as I haven't had a pay rise in 6 years! I read on this page: http://www.sherbornesllp.co.uk/2011_06_20.html Is this correct? Should I be writing to Payroll with a breakdown of this missing pay? Thanks as ever for your help, Loz
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Has this happened to you: Santander denying receipt of letters
loz replied to Discontented's topic in Santander
FWIW I have experienced both sides of this, though I was an Alliance + Leicester customer before being taken over by Santander. They consistently failed to reply to letters I wrote to them, and since I started disputing my account they also became terrible at informing me what was happening with my account. I finally owe them nothing, however there is still the small matter of £1400+ in charges that I may never see again unless GLC can come up with something > -
Subscribing with interest - Santander are my nemesis and I've been pondering a revised POC for ages :-/
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