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  1. In 2010 I had a hysterectomy due to cancerous cells in my ovaries. Following the operation I was very ill and didn't cope well with the immediate Menopause. It was also discovered at the time that a heart murmur I had, had for years was more serious than I was aware of. So serious I needed to have the Aortic Valve replacing. I was also diagnosed with early stages of COPD in the right lung. I worked full time and had held my position for 6 years. Just before I was diagnosed with Early stages of Ovarian Cancer my employers wife had come back from her maternity leave. On her return she made it very clear she wanted me out of the office. I was demoted but my pay stayed the same. When my boss was around she was the perfect office buddy. When he wasn't she would make back handed comments and accused me of being an emotional wreck. I felt bullied and humiliated at a time when things were just not good for me. I developed complications during 2011-2013 and my heart operation was delayed. Then in January 2013 I had a series of small heart attacks and I was rushed into hospital for heart surgery. My employer was on my back all the time asking me when I was returning. Which I understand as a small employer he needed to know. But I was just to ill for working. I was also a little scared to go back because of the way my bosses wife had treated me. Last week a lady who I used to work with contacted me as she needed to talk to me about how my boss and his wife had treated her. She has breast cancer and has just gone through chemo and breast reconstruction. She told me that they didn't beleive she was so ill she couldn't work. In distress she had sought advice from ACAS. They had informed her that whilst she was of from work that she should have been paid holiday pay as well as her SSP. We wondered if anyone can clarify this for us? We are both still employed by the company despite the time we have been of. They do keep asking me when I shall be returning I was recently told by the consultant I wasn't fir enough medically to return to work. I have been of work since October 2011 and my colleague has been of since October 2013.Have we got a claim ? TIA
  2. Hello folks, have been a member for a good number of years but not posted very much. I now have a question that hopefully somebody may be able to give some advice about. For the last 21 years I have worked as a Janitor for a local government authority, about 4 years ago they put some Janitors (not all) on to term-time contracts, unfortunately I was one of the ones that was put on to a term-time contract. More recently they (government authority) have changed us from weekly paid to monthly paid, so what they do now is calculate your yearly wage, including holiday entitlement, and divide it by 12 to give you a monthly wage paid on the 14th of each month, any overtime you work can take up to 10 weeks to get paid depending on when you work it. I have a wedding to go to in September of this year (2015), live in Scotland so it will be in the middle of a school term. Would I be able to take a couple of days off and claim it as holidays? I understand (but not confirmed) that I get paid time and a half for working holidays and this is included in my yearly salary. I think I am entitled to 30 days holiday because of my time of service. By my calculations I would only lose 1 day wages if I take two days off and claim it as holidays. Have not seen a copy of my "new" contract since they changed me to term-time but my "old" one said that holidays must be taken outside term-time. As I am only working term-time now then surely I am entitled to take my holidays during term time. Sorry for the long post but if anyone has some advice it would be gratefully received. Thanks
  3. I have for the last three years worked for a UK based company in Holland doing 2 week on 2 week off 12 hour shifts. We are paid a daily rate and I would have classed my self as an employee as I am PAYE. About a year or so ago 30 mins before a Maritime Labor Convention inspection I was asked to sign a contract as it was required for the inspection. I signed. It states under wages that the amount included holiday pay. no amounts are given and as I understand it this is okay if its negotiated, transparent in the contract ( x amount is wage X amount is holiday pay) and its shown on the pay statement. None of this has happened. My question is can I claim for Unlawful deduction of wages as I have always understood that my daily rate was just wages. Now you may ask what about holidays...we dont take them as we in effect get 26 weeks a year off. To muddy the waters even more the company has been bought by a Dutch company. Does a ET have sway over a European company.
  4. Hi, i have recently been off work sick for a month, during this time i had previously booked some annual leave. So it turns out i am off on painkillers etc unable to go on holiday. My company have paid me and docked my holiday entitlement, and cheekily docked me 3 days pay for the period after i am assumed to have 'returned to work from my holiday, when i was obviously sick throughout anyway. i emailed my h r department who clarified this was how it had been calculated, buy am i not legally entitled to transfer holiday if i am off sick ? My company have avoided answering this ?
  5. last June we booked out holiday for this year in May and we told partners supervisor/boss at time and he said it was to early and to tell him in January this year. we just told him and he said no, I and another lad have booked ours to go away together, we told him this had been booked since last june and that he knew about it, and that we cant alter holiday as it the half term, and he knew this and he has no children an knows we cant re book or cancel it without losing money. Im so upset by this, we have all been very excited over this holiday for a long time. we have 4 children and 2 are disabled this holiday is a break for them as much as us. His boss/superviosr has refused it and if my partner now takes the time off he sacked I'm crying typing this I've got proof we booked it back and June 2014
  6. I thought I would post this here due to the other issues with the Police acting with other agencies on civil debt from allowing debtors to leave the UK. Full story here http://www.sundaypost.com/news-views/uk/if-you-don-t-pay-your-bills-you-could-be-banned-from-leaving-the-uk-1.768944 Original story from here http://www.scoop.it/t/lacef-news Is this going to be another "METGATE"
  7. Hi all, Well running out of options as I've been off work for 18 months and no sign of NHS completing treatment anytime soon. Reading the CAG, I've found I'm accruing holiday pay. I've not been told of this or approached by anyone, so I didn't really know till now.....18 months on. Can I claim the holiday as a payment? Have I lost the previous years entitlement? I'm seriously running low on funds and I'm looking at swapping the mortgage over to an interest only its that bad. Along with the prospect of being left unemployed, Im really at my wits end.
  8. Hi all, Hoping someone can help me here.. .unsure if I can claim against unfair or constructive dismissal due to the timeframe etc and am seeking advice on what to do and where to go so here goes.... I dismissed from an employed back in August for what they have described as gross misconduct. We worked in a sales environment and from their side they believe myself triggered a commission payment to a junior member of staff deliberately. I did not accept this claim and they dismissed myself but was however offered a lower ranking position where the salary was 5K less and due to the commission I had from my role would total 15K less per year if accepted. There was other incidents in the office where people had done the same and never been penalised and feel this was mainly due to the fact I had 3 weeks off. Senior members of staff including my line manager often let us change "files" into other members of staffs names to ensure they hit target so to me this was quite the norm. We worked in a heavily commissioned sales environment and quite often were tasked with doing junior members of staff roles, telesales etc and this impacted heavily on our commission also. In the May/June I was signed off sick by my doctor for stress and anxiety due to work and a marital split and was continually told by my friends who I worked with/colleagues that if I did not return to work after being signed off I would be demoted on my return. I decided to return after sick leave and was then confronted with the fact my targets were now increased (along with 2 other members of staff) over and above everybody else in the office and having 3 weeks off I was never going to hit these targets and miss out on significant commission payments. I was offered a lower salaried position but declined for financial reasons and the fact I had time off sick and was now even more worried about my job and home etc and felt due to this claim being brought against me I had no choice but to decline their offer of employment and to leave. I worked for the company for 3 years but had 2 breaks from the employer, once in year 1 after 6 months and after 20 months for various reasons including the company threatening to withold commission payments. Any more Q's please feel free to ask - I know I may have missed the deadline to claim but this is now impacting me on future job applications Any help would be greatly appreciated. Thanks
  9. Hi I am looking for some guidance if possible please. I currently work for a company on a 15hrs contract but have 29 permanent hours that I work weekly and have done for 2 years. Whenever it comes to taking holidays I feel that perhaps I am being short-changed because they will only pay me for 15hrs per week. Is this really all I am entitled to? Thank you in advance for any information or help you can offer
  10. If I ask for this, fill it out and go away for 2 weeks, will the jobcenter still expect me to have been actively seeking work and hassle me for evidence when I get back? Or am I excused from that for the 2 week period? I gather I have to return from holiday for interviews or if a job offer comes up which is fine.
  11. This is my first time posting so I apologise if I get something wrong or miss something out. I was working at Wilkinsons about a year ago and I was overpayed £120 in holiday pay before I left, I did not know at the time. A few months passed and I received a letter from wilkinsons asking for the amount. I rang them and explained that I had no money and was trying to get my benefits so I could actually have some money and would then be able to pay them once this was sorted. In september I managed to get my benefits and paid them what I was able to, which was £30 and would pay some more when I got my next benefit. They said that was fine and assured me that my details would not be passed on to a third party collection agency. My next benefit was sanctioned and I have been fighting with the DWP to get my JSA so I could clear this. Today I received a letter from RLP claiming they were acting on behalf of wilkos and I owe them a total £395. I have no idea where they have plucked this number from... Is it possible to just pay the original amount in full to the company to who the debt was originally owed? I want nothing to do with RLP and this is sending me sick with worry. Please any help would be greatly appreciated
  12. hi just a quick question, i started work this year on the 28th august 2014 working monday-friday 8.30 to 5.30 & Saturday 9-1 (44 hours) how much holiday would i be entitled this year & what formula do you use to get to the figure. many thanks.
  13. http://www.bbc.co.uk/news/business-29896617 Be aware appeals are pending, this is not yet finalised
  14. I wonder if anyone can offer any advice. I have a weeks holiday booked in november which was authorised by my manager in april, my manager is now saying i may not be able to have this holiday as it's during a busy period (surely then he shouldn't have authorised it in the first place) i know that employers can cancel holidays in some instances and i haven't booked to go away as such but have arranged to visit family on the other side of the country but my issue is that at this stage there is no availability left for the rest of the holiday year for me to change to another week and my employer does not allow holiday to be carried over to the next year. Can they really do this? As this would result in me losing a weeks holiday? If they had brought this issue up sooner i may have been able to book an alternative week but there is now no availability.as they approved holiday that they shouldn't have and this was approved 6 months ago and cancelling it would result in me losing holiday that I'm entitled to through no fault of my own surely they can't do this? I will be speaking to a senior manager regarding this when im at work next and will also give acas a call but wondered if anyone has any advice or experience in this subject Thanks in advance
  15. Summary: ex girlfriend books a holiday and invites me along saying she will pay. (She came into £300,000 recently). 4 weeks after the holiday she decides to end the relationship and is now sending me emails asking me to pay back £700. Can she take me to court ? Should I reply to the emails. ? Apologies if this is the wrong section. I am new to the forum and very worried so posting out of desperation.
  16. After a couple of years struggling in a job I hated I finally got a new job that I really like but there is always a down side and that is the lack of holidays. Yes there is 28 days leave getting it is a different story. Its a small family company, 7 employees, the others aren't to interested in holidays and take the money instead, I think so far this year they have had 3 days off. The company sets holidays at the start of the year but then cancels them at the last min saying they are to busy, for example next we are supposed to be off 2 weeks next week for summer hols, that was cut to 1 week and just today cut to 2 days, to busy was the answer, the same happened at Christmas apparently even though I wasn't there. As I say the others aren't worried, I'm very much in the work to live camp not the other but speak up and I'll be up the road. The others tell me its been a few years since they've even had a full week off
  17. http://www.bbc.co.uk/news/uk-scotland-scotland-business-29452980 This sounds a very good article but fails to tell you how to go about getting it
  18. Hello All I need help I booked a holiday with a company and they now want to charge me for a name amendment as per the company my partner who book the holiday using my phone and my details (email etc) booked a holiday for us whilst i was present with her she spelt our names correctly and the agency is saying that it was spelt incorrectly hence we need to pay the charge now cut the story short - when we brought this to agency's attention, they were very rude, sent a call recording from their system which sounds snipped and edited we complaint and told the company that we suspect the call is edited etc Now the thing is I have a copy of teh call in my phone (i have this app in my phone which records all incoming and outgoing calls from this phone) and in this recording our names are spelt crystal clear and correct !! but the agency people are saying we have amended this recording to 'suit us' I mean its a mere phone how on earth I would do that i do wnat to complaint to someone higher up like regulator, but dont know where i stand and how much weight this recording in my phone holds. The holiday company has been less than helpful, being really belligerent, accused us of editing our phone recording and threatened of involving police to which we said by all means they should do as its about principle and honesty. the business then backed off and said its a civil matter !! where do i stand with this as i m feeling really cheated and hurt because of thsi behaviors and dont want them to get away with this i look forward for your replies
  19. Hi All, Basically its like this. I work at a military establishment with a woman who is starting to drive me nuts, basically. She has obsessive compulsive disorder - don't get me wrong, I fully respect she has the condition but she's making my working life that much more unbearable. She's even confiding in a work colleague that she went to see a psychologist because she said that I stress her out at work and to hear that second hand from a work colleague was not too pleasant to be honest. I have had a problem with pen chewing and putting things in my mouth, chewing my nails etc. as far back as I can remember and there seems to be no signs of it letting up - despite my best efforts, I find myself relapsing and every now and again, which has become a bit more occasional of late, find a pen or something else in my mouth, be it my fingers for biting my nails or whatever. However whenever I have been at a workstation using the keyboard or been somewhere else and this is usually some while after I have bitten my nails, for example, then she is there cleaning the desk area and I am made to feel like a dirty person - don't get me wrong - I fully respect her condition but I'm being made to feel that I can't even put my hands near my mouth or pick up a pen in fear she's going to put in a complaint and I think that I am going to be on the receiving end of something unpleasant and the fact that she has a mental illness will work against me. Furthermore, she is rather cold toward me in the office and I feel the tensity in the office is going to reach a peak before long. We have been open and honest about our feelings in the office as well. I can't help what I do at the end of the day and as I explained, since I've been a nipper, its been a recurring problem for me. Can someone offer me some advice as to what the best solution is as I will not take kindly to an official complaint from my supervisor as I feel I've done little wrong and am trying hard to work on a problem I've had difficulty in resolving in the past. Regards
  20. Hi guys. Been having an ongoing issue with my current employer with me not being paid correctly over the last two months. I work a job with a "zero hour contract" but most of the time i end up working at least 40 hours, it's not the most glamourous of jobs but it pays the bills, i get just over minimum wage £6.59 @ over 25. The way holidays work with the company i work for is you accrue holidays @ 12% of your worked hours each week and as of end of june i had accrued just over 100 hours holiday entitlement since march. When we request holidays we can request either an amount of days or an amount of hours to be paid within that holiday period. As per company policies i submitted a holiday request form for one week in june and one week in july. Both of these i requested to be paid 50 hours holiday pay for however neither was paid, after contacting my companies payroll department and financial controller on the most recent pay date 3 weeks ago today:jaw: they advised me they had no evidence of the holiday request form beign received, as the site i work at held a carbon copy of both these holiday request forms i was told that as soon as they received these carbon copies they would be able to sort out the missing pay and send me a cheque, they received these carbon copies over two weeks ago and have still failed to pay me this missing pay. i spoke to the payroll department today who basically said theyve been "too busy" to sort it out but haven't forgotten about it, but because my next payday is now only a week away that i should just wait and have it paid to me in my next pay packet. As i pointed out, it's not as simple as that as when i took the time off i expected to be paid for the holidays i was entitled too, and as such had budgeted my months expenditure around receiving this pay and not receiving a quarter of my pay over two months has lead to me having to borrow money off family in order to meet expenditure and has also lead to me incurrring bank charges... After the long explanation - i simply have one question is it possible for me to claim back bank charges from my employer if them not paying me correctly has lead to me incurring bank charges or to financial hardship?
  21. Hi, I work at a company order picking through an agency, I've been there 14 weeks and after 12 weeks my pay went up to what everyone else is on who works there. The people employed by the company and not the agency are getting time and a half or double time for working today (bank holiday monday 25th Aug 2014), I rang the agency on Friday just gone and asked them would I be getting any extra pay for working it and they said no, you will just be getting your normal rate. I said fair enough and hung up. Surely when getting equal pay/treatment after the 12 weeks, I should be entitled to the same pay (double or time and a half) like the actual employees are getting? We all do the same job, order picking. Thanks.
  22. Hello, I have been working with an agency over the last year and have been paid £65 a day working 5 days a week in a school. I have just been given holiday pay at lower rates of pay (∼£60 per day for one week and ∼£50 for the next). I've looked into this and to calculate how much pay you get on holiday they look at your average pay over 12 weeks disregarding weeks off (which I would of had for half term). I worked for 2 days on the last week because the term finished on a Tuesday. Is this why Im being paid less as it bring down the average? if so is this fair? Its not my fault I couldn't work the rest of the week. Surely they should take an average of a FULL working week.
  23. Hi CAG. My brother works for a company in London selling training courses, and has decided to leave in order to pursue a post-grad course. He's worked there 9 months, and accrued approx 14 days holiday, of which he's taken 7 days, so should be paid 7 days holiday upon the expiration of his notice. The employers are saying that it is forfeit as he's handing in notice. I sense they're trying it on to save costs - can you refer me to any legislation he can quote? Brother is directly employed, pays tax and NI via PAYE administered by the company.
  24. Hello, so I have a little problem and I would like someone to suggest me what to do in a case like this and if there is ANYTHING I could do at all. So I was working for "GI Group" recruitment, M&S warehouse for like 5 months or something. Then I needed to leave the UK so I have left the job. I asked what is going to happen with my holiday days which I haven't used so they guaranteed that I will receive the last weeks salary next Friday (01/08/14) and a payment for all the holiday days plus p45 (on the same or the next Friday from when I will receive the last salary). So last Friday I have received the last money for the last working week. But I didn't get paid for holidays nor p45. So that means I should receive it tomorrow yes? But yesterday I should have received an email with my payslip showing how much money will I get for my holiday days, but I didn't receive it. So I don't think that I will get my money and p45 tomorrow. And its quite a big problem for me, now I'm in other country and I don't know what should I do, I don't want to lose my money. I have called the agency but they told me that they don't have any recordings about me since I have left the job. But the guy told that he will try to sort it out (but I highly doubt, because people who did have problems with payments, could never fix it) and I should try to call them tomorrow. So what should I do if I won't receive the money nor p45 tomorrow? And if they will tell me that there is nothing they can do? Is there any other place to complain about it or reclaim my payment for holiday days without going back to UK? (the same thing is with my partner, we have worked in the same place... ) (Sorry for my English because I'm not British, hope you will understand ) Thank you.
  25. It's pretty obvious my employers don't want me back and I need to move on and upwards and away from them. How do I legally stand in claiming back accrued holiday pay? I've been off ill and obviously, unpaid since been off - Jan 2012 (or something like that as it's been so long) and although still employed my position has been temp filled. I remember a lot of people stating don't quit as holiday is been accrued. I have asked my work and to no surprise they don't reply. So how do I get the ball rolling? I presume I have to resign then request the amount/days in writing by recorded delivery with a time limit, then if they ignore take it to ET?
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