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  1. Hi there, I have recently left my previous full time job and got my final pay slip. I was employed full time since November 2014. My contract states that my "core hours of work are 41 hours a week, Monday to Friday 9am to 5pm." However, one term which I failed to read properly states: "Where you have taken more or less than your accrued holiday entitlement in the final year of your employment, a proportionate adjustment will be made by way of additional or reduction from (as appropriate) your final gross pay calculated at 1/365th of Full Time Equivalent salary for each day's pay up to a maximum of 20 days. I have already contacted them to dispute this and ACAS. ACAS said they could not help and told me to go to a solicitor. I realise that I have signed the contract and thereby agree to the terms but wondered if there was anything I could do? I am not contractually bound to work weekends and never have. Can they do this? I have never worked anywhere where they have done this. I have received the following email from my previous employer's payroll department: "I refer to our telephone conversation of this morning regarding the calculation of your July salary. To confirm your salary was calculated as follows :- Annual Salary £25,000.00/12 = £2,083.33 as was normally paid each month. As your last day was 1 July 2016 you were entitled to one day’s pay (£2083.33/31)=£67.20. To confirm your annual leave was calculated as follows:- Your annual leave entitlement for the period 1 February 2016 to 31 January 2017 was 27.5 days. You carried forward 10 days leave less any holiday taken. The maximum annual leave payable on leaving is twenty days . The calculation was 5/12x27.5=11.50days Plus 10 days carried forward = 21.50days less any leave taken. Twenty days were therefore paid.(£25,000.00/365= £68.49x20)=£1,369.86. Please find attachments for terms & conditions (see highlighted paragraph) and your original contract." I have attached a copy of my employment contract with relevant sections blanked out and the terms my employer has referred to with this post. I would really appreciate any advice on this matter. Calculation of Salary.pdf Copy of Employment Contract.pdf
  2. Hey folks, I'm sure I've asked this before but cant seem to find the thread....my main employment when I do overtime I get extra holiday pay, at my part time job I get the standard number of days only, so for instance someone working 39 hours a week will get the same holiday as someone working 59 hours a week (and many do) should extra holiday pay accrue? Also, if your under 18 can you work past 10pm? thanks in advance!
  3. Just received parking charge from "parking eye", date of offence 17/06/16. Unaware of charges for chatting in holiday inn car park for an hour. just received ticket through post, date of issue 23/07/16 35 days' after 17/06/16, and arrived in post 02/08/16. And expecting payment by today 06/08/16 in order to get discount!!!! Photo of car (hirecar) stating an 1hr 1min stay, and no evidence of me/collegue registrering at hotel etc - for a meeting in a virtualy empty carpark at 10 15 am!! Thought any tickets had to be issued undr 14 days' of offence!! Anyones' advice would be most helpful Inclined to complain to holiday inn popla etc
  4. Hi All I hope I am posting in the corret thread here, if not can admin move it... I signed up for a deal with Holiday Club in Gran Canaria, and when I got home I started asking around forums if they were ligit. People PmD ME from the GC forum and told me not to touch them with a barge pole, as they never give you the dates that you ask for, when you want to take your holiday. Long story short. I used the 14 day cooling off period when I got home, and decided to cancel. In the contract put in front of me, it clearly said that I could cancel. But hidden in the back of the forms, was a clause that I could not cancel the second part of the dea,l as the deal was for 2 weeks world wide holiday and 3 weeks in GC or mainland Spain. I paid £600 deposit by CC with the option to pay another £600 in 14 days after I was home. I attempted to claim the initial 600 back under section 75, my bank Santander, said it was a forgone conclusion that I would get the money back. A week later they called me, after holiday club had contacted them, and changed their tune. Angry enough at that, I put it down to a bad experience. But ow they are pursuing me for the other £600 through a debt collection agency based in Dublin. What I would like to know is if they can take me to court if I refuse to pay ? any input greatly appreciated
  5. http://www.dailymail.co.uk/news/article-3652449/Irate-father-pays-60-fine-taking-son-eight-school-Majorca-holiday-one-two-pence-pieces.html I thought this was amusing. The following is a video of the moment. http://www.mirror.co.uk/news/uk-news/watch-priceless-moment-irate-dad-8246247
  6. i started in a company at the beginning of December 2015. They have 33 days annual holiday (after a qualifying period). Their year runs from 1 June each year. So, when I asked about holiday pay at Christmas 2015, I was told I wasn't there long enough to qualify for holiday pay (I had been there three weeks). I knew this was "strange" but didn't want to rock the boat in a new job. On the first day back in the new year, everyone got their floating holiday entitlement, I queried my entitlement, and was told to ask again in June. Again I asked at Easter, and was told I had accrued 4.1 days, so MIGHT get 5 days pay, but it would mean I wouldn't get May day. At Mat day, I DID get paid. In June I queried my floating holiday entitlement without an answer. I asked for time off in July on top of our "shutdown" period, I got 3 days off, got paid for the formal shutdown but not the extra 3 days, as I hadn't accrued enough days. Thus in the space of my first year, I will have received payment for 16 days holidays. When I queried why I wasn't getting 28 days holidays, they said it wasn't the system they worked. and if I got 28 days holiday, I would be in the same position at Christmas, where I wouldn't have any holidays accrued for my Christmas holiday. Am I right in that from 6th December to 6th December I should have received 28 days paid holidays? Or are they accurate in saying they can carry the holidays i'm owed into Christmas I just want to be 100% certain before putting a complaint in writing.
  7. http://www.mirror.co.uk/money/lowcostholidayscom-collapse-what-you-can-8488525
  8. Hi I was wondering if anyone knew where we stood on our complaint to Thomson? I have never complained before so bit nervous. Dear Customer Relations Department, Booking reference: XXXXXX Account Reference: Hard Rock Punta Cana I am wishing to make a complaint regarding our recent holiday from start to finish, I have pictures, videos and a resort map to back up my complaint but am unable to attach them to this form, however I can email them across if you would like to see them. We booked to stay in the new Sensatori Punta Cana last year and could not wait to experience not only a Sensatori but a brand new one at that, we booked a family swim up room which included a bath tub, the reason for this room selection was the fact the I have Cystic Fibrosis and only have a lung capacity of 24%, this means I am unable to walk without struggling to breath and that I am unable to stand for a period of time (hence the reason for the bath tub) I have to endure a lot of medication every day and need to return to the room while on holiday to do my medication, the idea for getting the swim up room was so my partner could still enjoy being in the pool or at least outside but close to me while I done my medication. On the 11th May we received 2 voice mails asking us to call the change team as the hotel was not going to be open on time, my heart sank, I had arranged to be admitted into hospital 13th May to under go 3 weeks intense treatment to get me as well as possible for my holidays, I had also purchased my travel insurance costing me £1328 and was very worried as to what I was going to do, I waited on hold to speak to the change team for almost 2 hours, when we got through we were offered 2 alternative resorts neither of which were anything like the sensatori nor did they have a bath in the room, I quickly went onto google while I was on the phone and typed in 5* resorts punta cana, The Hard Rock Hotel came up with Thomas cook, I asked the lady about the resort and she said you TUI also sold that holiday but for an extra £600 I explained the price on Thomas cook and the lady matched it and I had to pay £148, I have now been told by WHICH that Thomson should have covered that cost as it was Thomson who were changing the booking, as I was unaware of this and terrified that we would loose our holiday altogether I proceeded to book The Hard Rock, I asked the lady about walking and lifts ect as I am disabled and she said there was nothing to state there were any issues, as it was very rushed I never had a chance to look on trip advisor in depth (although I wish I had as there are hundreds of reviews advising disabled people not to travel there and Thomson should know this and state this in my opinion) I booked the Hard Rock and got excited again. 6th may our flight was delayed 4.45 mins due to a technical fault, we managed to get on an aircraft and get to Punta Cana which is the main thing however, it was not a Dreamliner my tv did not work and we were only able to get two cans of pop during the full flight, we were honestly just happy to get there, we got through customs ect and looked out for a Thomson Rep, we spotted a woman with a Thomson sign and asked what bus we should head to, she told us bus 8 so we went looking, we found a small mini van and a young male driver with number 8 on his van he told us to get in with another couple and started driving, he spoke no English and did not work for Thomson, he started saying the wrong hotel for us after he dropped off the first couple we had to try explain to him several times before he rang someone and agreed to take us to The Hard Rock. Check in went smoothly the front desk give us a map and said we were block 1A next to the beach, told us to take a left out the reception. The resort is absolutely huge we were completely lost and I was so out of breath I had to stop while my partner walked back and asked if a golf buggie could take us to our room (I have the resort map) we got to our room and found it to be an adjoining room but didn't think there would be a problem. The next morning we hiked to reception which took us over 30 mins to get to, we asked reception if we could change rooms and explained my medical condition and the fact I was unable to walk and they said there was no other rooms of that type available only an upgrade for over $1000 we asked when our rep would be coming so we could try get the help from them and for welcome meeting and told them Thomson or firstchoice to our horror they said they don't come here and said only Thomas cook. We just decided to try have a good holiday and went back to our room, we then walked to the nearest pool to find that and the one next to it was for exclusive guests only and we could not use them or the beach are closest to us, the next nearest pool was a 15 min walk away or a ten min walk to bus stop 30 min wait then 30 min ride round the resort to the pool, as you can imagine doing this so manay times a day to the restaurant or room to do medication would be very frustrating and completely ruin our holiday, by day 3 of doing this I was completely exhausted and would have done anything to move to any other resort. My mother called form the uk to 24/7 give them my booking ref and mobile number and they said they would get the rep to contact us, they didn't, on the 13th may I found the text number and text 24/7 82345 (I have my texts) explaining we had no rep and no details of getting back to the airport or anything, they replied saying they would find out the rep contact details ect and get back to us, they didn't, I text again two days later and it actually took 5 days to get our pick up time back to airport but nothing about our rep. We felt completely alone on holiday and had no one to turn to, I spent 10 days out of the 14 days we had in hotel room, if we had of had a Thomson rep I would have begged them to put us in a different hotel or to send us home, the holiday got far worse then just us being unable to actually go to the pool or beach, our room never got cleaned 5 times, the mini bar was never restocked with water and pop I had to call every single day, we were were in an adjoining room and the first 4 days had a cigar smoker next door, reception couldn't do anything then had a family of screaming kids for the last 7 days (I have videos of the noise and screaming that you wouldn't believe) I feel if we had a Rep we would not have had all these issues as they could have communicated with the hotel to either relocate us or move us hotels altogether, we didn't just ask and beg reception once but so many times, they couldn't understand us and said English are just very sad and white (as a joke however its not funny the state we were in) while we were there hotel staff also dragged a shark out the sea onto the beach and killed it then posed for pictures, disgusting! We were so happy when the 20th june came and we could get home we waited nervously for our transfer and were picked up on time at 11.30, we were the first pick up, every other hotel we stopped to collect guests their rep was there making sure they got off okay! We got the airport and found out about the $20 departure tax again we should have been told this by our rep said the Thomson worker that had escorted us on the bus, obviously we never had one or any notice boards. Our fight was delayed 1.5 hours on the way home and the aircraft had ran out of pop so we had a choice of orange juice or water, again not what you expect from Thomson or the Dreamliner however I understand the flight out uses soft drinks too but you would think they would try to share it out equally, we were so happy to get home. I feel like we have travelled all the way to the Dominican Republic for our dream holiday and have not been able to do or see any of it, nor experience the weather (our balcony was covered by trees and plant (also have pics) so we couldn't sit on that either. We saved for a very long time for this holiday and classed it as our big holiday before I go on the lung transplant list, which then I will not be able to travel anywhere, I feel completely let down and neglected as a customer of TUI and feel like I have completely wasted 2 weeks of my life and £3790 of our money on the worst experience of my life, we have been all over the world (with Thomson) and tried to make as many memories as possible and our trip to the Dominican has been ruined and I may as well have stayed at home in my room instead of in a strange country, stuck in a room wishing for the holiday to end. There are so many other little issues I could state about the hotel like the one restaurant which was close enough for us to walk to was closed for a refurb then used for weddings, or that every time we used room service (every night bar 2 nights) they mocked us and said we were sad. I understand a Thomson rep can not be at a hotel 24/7 but surely there should be at least a welcome meeting or some kind of information left at reception for you, absolutely anything would have been better than what we had and the customer service and response we were given. I feel it only right that Thomson compensate us with a the holiday that we were suppose to get to relax not be stuck in a room and be trying to beg hotel staff to move us or try our hardest to contact a Thomson rep out in The Dominican Republic, the stress before our holiday was bad enough and now after that experience we are completely devastated, depressed and feeling very let down. So to summarise we spent £3790 to sit in a hotel room for two weeks breathing in cigar smoke listening to children scream and cry and get told we are sad English people, if anything this holiday has made me more poorly adding to the already very stressful life I have, like i said I have lots of evidence of us contacting Thomson, maps of the resort, pictures and videos.
  9. I left my employment in December last year. Is it too late for me to claim unpaid holiday entitlement. Is there a time limit, if so what is it?
  10. Hi - i wonder if anyone can help. My parents are on holiday in Majorca on a Thomson holiday (I am back in UK) My mum has become very ill, vomiting 6 times overnight and bedridden and unable to get up. My stepdad let me know. So far, I have called the helpline and they got in contact and a doctor came - charged €180 and said he suspected gastroenteritis. She has some medication and some isotonic water. It is only 2 days into a 1 week holiday. Has anyone been in a similar situation, especially with a view to: 1. making sure she gets the right treatment 2. possibly getting her home 3. once, the important bits above are done, what can be done with regards to exploring whether the hotel/Thomsons is/are liable So far, my stepdad has kept a log of everything, has food receipts etc. Thomsons have filed the incident, asked them a load of questions: i.e. does she drink a lot of alcohol (answer = she barley drinks and has maximum of 2 unit with food occasionally), did she swim in the pool (yes), did she swim in the sea (yes). I assume these questions are for evidence later should we claim. Also, the person in the next door suite said 'Oh no, not another outbreak, we have had similar problems here before and people were dropping like flies' but I guess that is just hearsay Any advice would be much appreciated thanks
  11. Hello all, Just started my new job two weeks ago in security dept on four days off and four off rota that includes nights as well 7pm-7am and 7am-7pm shifts. Basically i left my previous job and had to take a salary haircut for this new role but i was not happy in my previous job so i left. At interview stages It was said to me on email i am on 28 days paid holidays. However, in the last week i found out that from other colleagues in my dept that its actually 20 days holiday. Now i feel a little down because even though i was not happy with my previous job i was paid more at least a £1000 more a year and i was on 28 days holiday (bit more as working on bank holiday will got me 2 lieu days) but i can't go back to it as it is now taken. I don't know if i want to as well but i took my current role on premise as i was told on email by HR director i will be on 28 days holidays. So not only wages (however i knew about that and not so perturbed about it) but also taken a holiday cut, you can imagine 8 days less holidays makes a difference. I read my contract of employment after confirmation of email from HR stating my salary and 28 days holiday like a small print rapidly. It says 20 days including public holidays. My query is i accepted the job offer from email send to me from HR stating 28 days holidays and now feeling let down with 20 only. I have not raised with HR yet but may do in coming days. I also spoke to ACAS and they pointed out to me that because of hours i am doing i have statutory right to 28 days holidays. they encouraged me to raise with HR. Question is how can i get them to re-write the contract of employment while others in dept are on 20 days holidays. How to deal with this as i am only 2 weeks into job, in probation period for 3 months meaning that i ma afraid they can just say well if you not happy with it you can leave. Anyone has experience of it or can advice me. How can i successfully turn it around. Thanks in advance.
  12. Evening Could you put me straight on the issue of holidays. My background I work part time for a large home ware store, 3 days per week 16 hours, Monday/Thurs and Sat. My issue I need to resolve is: If I am taking some of my working days off as holiday, for instance my last time off was -working monday holiday thur back in Saturday..Was my boss within his right to ask me to work the weds of that week? To me that would mean I am not really getting a break? What is the point of taking a days holiday if I have to go in the wed so not got a few days off.? I may as well have switched my shift from thurs to wed. Background is they have cut my hours to 16 from 20/24 due to new minimum wage. I aslo lost my Father 3 weeks ago and have not taken compassionate leave, as we are short staffed and would feel guilty. I also was shouted at by a manager with another member of staff the manager used profanity on me, this I am seething about.
  13. Hi, I work 4 days a week and therefore entitled to 22.4 days holiday (rounded to 23 days) from 2011 to 2014. A per my contract and through custom and practice, I receive double rate for working on Bank Holidays since 2009. In 2015, I worked 8 Bank Holidays and these were paid at double rate. However, that year the management had reduced my holiday entitlement by 8 days. Their reason was that I was paid double on Bank Holidays, this rate was as part "payment in lieu" for a holiday entitlement. My office is open through out the year and I work every Bank Holiday each year and this never effected my statutory holiday entitlement of 5.6 weeks (23 days) After writing my grievance and giving my employer plenty of opportunities to pay me the correct entitlement, I have now filled for Employment Tribunal and the case was accepted. Do you guys thing I have a good chance of winning this case? I have payslips to prove I have received 23 days holiday and also double rate for Bank Holidays in the past. Look forward to your input.
  14. Hello, I'm after some insight into employment law please, as I'm at a total loss. I was employed last year on a 24 hour a week contract. (I've now worked about 11 months, so I'm well aware I'm under the two years needed to avoid being fired for any reason for making a fuss). However, every week since I commenced my employment I've regularly worked between 30 and 65 hours a week. I'm also paid weekly. I asked about holiday entitlement yesterday as I've already had two weeks off (10 days) but was only paid 4 of them as holiday. I was told that because my contract is for 24 hours a week my holiday is only pro rata. Taking in to account 45 payslips I've now had, the mean average working hours is 45hrs p/w. Surely I should be entitled to more than my contracted hours of holiday entitlement, or am I just ****ing in the wind?
  15. Hey all! Not sure if this is the best thread for thus? At the restaurant we currently only receive tips as cash and these go direct to your server we have been told with no notice or consultation that tips will now be set up on card payments but via a tronc system...what are the rules around this? From what I u derstand it will be a 70 30 split between foh and boh based on how many hours you work....without getting into the pros and cons of tip splitting, what are the rules around this? Does it class as a change to working terms and conditions ? My second question, at my salaried role if we work overtime we get a little extra holiday pay according to some law change? I seem to remember a court case about this but can't find the details now, my boss has advised that holiday is a maximum of 28 days regardless if you work 39 hors or 69, is this correct? Any advice appreciated!
  16. Hello all and thank you for taking the time to read this. I am going to try break this down so that I do not end up writing too much... I currently work as part of a team within a charity which has been "acquired" in February, about 3 months ago now by another similar charity. Our team is on a contract that the original charity won and now we have TUPE'd over to the new charity on acquisition. Now this is where things start to get a little weird. We knew that the charity taking over also had a team in their area with the same or similar contract, with the same job titles and targets as us but are on different terms of contract from us. The two main ones being they have a better pay scale (by roughly £1,500 more) and have 28 days holiday excluding bank holidays whereas we only get 20 days holiday excluding bank holidays. I understand that under TUPE our contracts are protected, but of course, for us, this means we are on worse contracts than our counterparts in the new acquisition. We were told during our TUPE meetings that in the first 3 months, they would be looking to harmonise both charities, but so far there has been no word about this just over 3 months along. Recently one of our colleagues has handed in his notice and since left the charity. They have just put out an advert to fill the position and seen that although they will be given the same pay (on the lower end), they will be giving them the extra holiday entitlement, 28 days excluding bank holidays. To me this seems morally wrong and extremely worrying, I enjoy my job greatly and I hope I do not come across as a greedy employee, but I am feeling very demotivated, can anyone give advice or tell me if there is anything that can be done in this situation or do I just need to sit back and watch new staff come in on better terms and just deal with it? Many thanks in advance.
  17. I have a holiday booked for later this year to Turkey through Thomas Cook and they have just informed me that the star rating for my hotel has dropped from 4 to 3 stars. Now obviously with all thats going on in the world today I am of course rethinking my trip as I'm not completely sure that I want to go anymore (the rights and wrongs of this being what terrorists want is a conversation for another day). Now in the T&Cs it states that if a significant change is made to the holiday then I can choose a different holiday or a refund, therefore my question is - Does a drop in star rating constitute a significant enough change to be able to cancel the holiday and get a refund?
  18. I am holidaying in France mid June and taking the car by ferry.My nearest port is Dover. I am staying at Saint Sauvant.however,I don't know which is the nearest ferry port to Saint Sauvant.I have tried googling, and filling on line forms in but to no avail. From what I can make out, the ferry I am booking with go to Calais or Dunkirk.I am not familiar with any aspect of travel in France as I have never been before and have never taken a car abroad before. I would therefore greatly appreciate it if someone could tell me the nearest ferry port to get off for Saint Sauvant, and which ferry operator goes to that particular port. Many thanks in anticipation.
  19. I have about 5 days remaining holidays, and my last day is Wednesday (tomorrow). My manager said that the holidays have reset at April thus won't get holiday pay. I wasn't given the opportunity to take any holidays during my 4 weeks, nor was I given my contract even a month after asking for it. Can I still get my holidays paid?
  20. On Sunday I booked a holiday through love holiday which came to £300 for the two of us. Today I got an email requesting for me to call them and when I did they said that the holiday that I had booked was overbook and I now must pay £1000 for the next room up. I have already paid £130 to the previous holiday. Can they do this to me? What rights do I have? I must phone them back within the next hour please help
  21. Not a complaint so much as a query. I work 12 hour night shifts and recently took three weeks off as I couldnt get paternity leave. Now usually my shifts pay rate is ten hours of my 12 are paid at normal time and the last two hours are time and a half. But on checking my wage slips for when Im off instead of being paid my usual 40 hours standard and 8 hours at overtime which is what I get every week, Ive been paid 40 hours standard and no sign of of the 2 hours per shift at overtime rate. When I ask Im told its standard company procedure to not pay the last 2 hours of my normal shift when Im on holidays as its paid as overtime. When I point out my contract is 48 hours, 4 12 hour shifts Im told its irrelevant and thats just what the company does. This sounds iffy to me and Im down by 8 hours at £10.85 at hour for three weeks straight because of it which adds up pretty quickly!
  22. Hi Cant seem to find any relevant info on the net, so here's hoping you guys can help! I work for a large international petroleum supplier as a cashier in a local filling station. The filling station is franchised. I started working for the previous retailer back in July last year, booked holiday back in January this year for three days off in the middle of Feb. The previous retailer was suddenly ousted from the franchise and the new retailer took over on 16th Feb. My holiday was booked for 17th, 18th and 19th Feb. I have just received my wages from the new retailer who has paid from the date he took over until the last day in Feb - but I did not receive any holiday pay. I asked my site manager why I didn't get it, and he advised me that because I did not have a contract with the new retailer that I should contact the old retailer to pay my holiday pay, that according to the new retailer I was considered a new employee and thus not entitled to holiday yet. Can anyone advise whether this is the case? I have a snowball's chance in hell of getting anything from the previous retailer, but as far as I can see, the new retailer took over the staff and any and all obligations pertaining to them. Am I right? And if so, is there any legislation that may help to quote chapter and verse to the new retailer? Also, bizarrely, I don't get my payslip until a week after my wages go in the bank, so I have no idea even if the hours he HAS actually paid for are correct. Thanks in advance for any assistance that you may be able to give.
  23. I have gone and got myself a PCN from PE via ANPR. Had a meeting in the hotel and did not realise that it is now a pay car park. I was running a bit late so did not pay a lot of attention to the signs but will be back over the weekend to get the photos. I have contacted the hotel who said that they would look into it as we spent over the minimum spend to get the parking for free however it was the people I met that paid. If the hotel are not willing/able to help what is my next move.
  24. was in the hairdressers today I was talking to a lady about holiday pay she was saying that now she gets more money as now holiday pay is a percentage of your yearly salary not your hourly rate. is this true? or does it just apply to big companies?. I work for a small company and get 8hrs pay at my hourly rate for holidays.
  25. Dear All, This is my first ever post on the forum and hopefully someone can help me. In August I parked in a residents' bay on a bank holiday. The sign said Mon-Sat 0800-1600. I thought Sunday restrictions would apply on a bank holiday so I could park there. The pay and display bays on the same street are Mon-Sat 0800-1600 and do not charge on a Bank Holiday. I am now appealing to the adjudicator. Any tips on how to make my case? I am also trying to find a electronic copy of the relevant TRO. It's called Birmingham City Council (Jewellery Quarter Birmingham)(Controlled Parking Zone) order 2011. I can't find it anywhere! Also is there ever in joy in arguing that the council did not fully consider my original representations so they committed a procedural impropriety? Thanks a lot.
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