Employment/Work and asscioated benefits woes

[Hacked_Off]

sorry for the bad spelling btw my keyboard is on its last legs

[Sidewinder]

Personally I would go straight for the Grievance letter, claiming that the continual short-payment of holiday pay is causing financial hardship. Once could be a mistake, twice is careless, but four times does indeed smack of incompetence or vindictive behaviour. You have a legal right to be paid the correct money.

 

Never a good idea to just walk out on a job as if they could prove that they had to employ a temp for your unworked notice period they could come after you for that, and there is always the prospect of it being mentioned in a reference. If you are going to allege bullying, then you should be keeping very detailed records of who, when and how, or else you will have an uphill battle to get anything done about it.

 

I can see your unhappiness, and hope that your other employer is able to make up the hours that you need.

[Hacked_Off]

Ive handed in a greivance before, about one person in particular. This was ignored and as i remember i saw it in the bin.

[Sidewinder]

Then send a Letter Before Action claiming that non-payment of holiday represents an Unlawful Deduction contrary to Section 13 of the Employment Rights Act and that you will take the matter to a Tribunal or County Court for resolution.

 

It all depends how much of a pain you are willing to be in order to be treated properly.

 

As far as the Grievance against a person goes, you should follow that up with the Company's Head Office, writing to the Personnel Director saying that you have filed a Grievance in line with Statutory Procedures, and that the management locally acted by putting it in the bin rather than deal with it correctly. I guarantee that will get more attention that way as the local management will not be happy at the suggestion that they acted improperly.

[CornettoGospel]

So, another holiday booked another charade. Ive been off for 2 weeks as a holiday. This was booked and approoved by managment. They havnt paid me fr it. Again. Every time i book a holiday i have to fight with them for payment. what can i do? Can i demand payment today? I have bills due..

 

If your part of the shopworkers Union, USDAW, speak to the union. Its what theyre there for (to fight for your rights). If you're not, then google USDAW and join them.

 

My own personal experience with managers taught me to join the union, and to be honest a couple of quid a week is more than worth it.

 

In the meantime, a break isnt a break if you have it near the end of your shift. It might be an idea to record when you have your breaks as some form of evidence (seeing as managers will always deny saying something unless its in writing)

[Hacked_Off]

I have, i sent it to head office ages agoand it was ignred.

[honeybee13]

So Zara,given what you've tried, I think you need to re-send what Sidewinder has suggested in the way that he says. That way you shouldn't be ignored.

 

Good luck, HB

[Hacked_Off]

ive just walked out. Cant bare to be in that shop one more second. They tried to force me to stay over what im contracted for so i went.:-x

[papasmurf1cx]

Hi Zararh sometimes you have to do what you have to do just to keep yourself sane. Hope you feel better soon.

[Hacked_Off]

i just stood there and thought i cant be dealing with this anymore. i choose sanity!!!! Im the 4th person to leave in 2 weeks!! Youd think theyd take the hint.

 

I have an interview to morrow and spoke to my other boss who has a morning job for me its 7 days a week but thats better than that shop!!!

 

My mum said like before how different ive been since ive been off. Its not good when work rage effects u like that.

[papasmurf1cx]

Zararh.... you are such a strong person.... I really admire you for the stand you took. Perhaps you can now write a letter to the HQ HR Director highlighting the fact you are the 4th member of staff that has found the management at your store objectionable and cite the reasons. Sometimes when a problem becomes so obvious senior management need to address issues themselves but they still need the evidence to go in to sort it out.

 

Keep us posted on how you are doing. Best of luck.

[honeybee13]

Hi Zara. I agree with papasmurf about writing and making your point. Apart from anything else, if a future employer needs a reference about you, there should be something on record with this employer to show that you made this decision for clear reasons and not because you're difficult.

 

HB

[Hacked_Off]

I dont need them for a ref. I use my manager from whenn i worked in another shop for 3 years. Also if i ever needed a ref from them i can use the manaer who eft that i get on with

 

I emailed head office on friday about my wages always being wrong. Ive had a reply from the owner of the company:

 

You need to take this issue up with your store manager.

 

I will forward your email to the store's Area Manager for them to

review.

 

Regards,

 

Bleep bleep

Operations Director

 

So the area manager rang me but i was in my other job. I txt asking "whos this" didnt think it would be work related.

 

"bleep the area manager 4 bleep bleep nothing 2 worry about i was phoneing ref your wages ill try again tomorow thanks bleep"

 

This was at like 7pm so i take it they havnt informed him ive walked out yet.

 

Ive txt him back saying:

 

"hi bleep i take it its about my holiday pay. Its fine and doesnt matter. I take it they havnt told you yet i quit today, i cant take it anymore im sick of being degraded and quite franky bullied. cheers"

 

HEs txt back saying

 

"ok as long as your sure. Are you sure you have handed your notice in"

 

I havt replied to this. cant be bothered. im gonna get everything typed up over a few days that i can remember and e mail it to the owner. see what he thinks of how his store is being run.

 

Oh and i founnd out my wages were wrong because they put me on the wrong tax code. I got taxed £40 on 117.00:mad2:

[honeybee13]

For what it's worth, Zara, if you've paid too much PAYE, the Revenue should refund it to you. Make sure you get a P45 from the old company so you can pay the right amount of tax at the new one.

 

HB

[Hacked_Off]

So should i still get paid for the 10 days holiday they owe me?

[honeybee13]

Hi Zara. You might need to check directgov for holidays. How many days of the week's notice you should have given did you work, if any please?

 

And is the 10 days' holiday what you were owed before you walked out? I have a feeling some of the days are likely to go in notice period offset. Feel free to correct me if I've understood the figures wrong.

 

HB

[Hacked_Off]

yeah thats right. I didnt work any notice. Were supposed to give a week.

[honeybee13]

Then I think they may owe you 5 days' holiday because you didn't work for the last 5 days. I think we talked you through how to claim it, didn't we? If not please post again.

 

HB

[Hacked_Off]

errrm dont think so no. oh btw i got the job at my interview today . They wont pay it, i know they wont. Other people have left and been told u lose it all if u dont give notice.

[honeybee13]

Well done with the new job, that's great news. I'd like the others to comment, but I'd have thought they should pay you for untaken holiday once they've deducted the notice period you didn't work.

 

I think you could be looking at an lba, Letter Before Action about unlawful deductions from your wages.

 

Hopefully someone else will be along to comment soon, or you could check out directgov or talk to ACAS.

 

My best, HB

[Hacked_Off]

Yeah thanks i might ring Acas tomorrow.

[Hacked_Off]

oh and our holidays work octoer to october so on the 1st il lose all 10 days. So if they dont pay me next week and then stall and it runs out i cans still claim right?

[honeybee13]

I don't know the exact answer to the holiday year thing, hopefully someone will. But if you're going to write, I'd make sure it arrives before 1st October. Something to mention to ACAS tomorrow, I'd suggest.

 

HB

[Hacked_Off]

So ive emailed the owner of the company heres what i said (theres some mistakes in there but it was 2 am and i got bored) :

 

Hi bleep,

 

I walked out on Tuesday. I didn't want to leave that way but felt i had no choice. That store has got so ridiculous it was not safe for my mental stability to stay there. I didn't hand in my notice. As such you are still legally obligated to pay me for my holidays owed. I have just over 10 days left. ACAS have advised me as i didn't hand in my notice, and the contract requires 5 days, you are allowed to take these 5 days out of my holidays. Therefore you still owe me 5 days. Other people have walked out and not received this payment. If this payment is not received i will commence proceedings with the Employment Tribunal. I do not wish to do this.

 

In the last two weeks 5 people have left the bleep bleep store. The staff that are left in there all want to leave. The moral in this store is at rock bottom. Were not allowed to have a drink, talk or go to the toilet. I witness staff being openly bullied and degraded in front of other members of staff. I myself have had several issues with one member of staff, bleep bleep. I handed in an official complaint about him. Said complaint was ignored and never mentioned. I have enclosed a copy. Managements lack of action is also in breach of several laws:

 

Employment Rights Act 1996

 

Employment Relations Act 1999

 

Protection from Harassment Act 1997

 

Human Rights Act 1998

 

Employment Act 2002

 

Employment Rights (Dispute Resolution) Act 1998

 

I was part of the fill shift. We were forced to do overtime on a daily basis. It is not stated in the contract or handbook that fill shift HAVE to stay "If required you may be asked to work overtime". When bleep bleep started we were told it has to be done in four hours. If it wasn't they'd let us go. Now there saying we have to stay. There's no consistency. Rules are changed weekly to suit them. When we are made to stay 9 times out of 10 we do not get a break. The break is still deducted from wages despite not taking one. If we do get a break this is usually towards the end of a shift. This is illegal.

 

I daily witness management standing around in the back doing nothing. When they know bleep/bleep are coming to the store they work. If there is no visit management can be found in the back eating/talking. Several times i have gone to the office and seen bleep watching staff on the camera. This is unnecessary behaviour. This store is known locally and in the nearby stores for being a joke and treating staff appallingly. I have witnessed staff being shouted at by management on the tills in front of customers. Several times customers have been appalled by what they have just seen. Is this how you want your customers to walk away from your store?

 

Then there is the matter of bleep bleep. Her job was sabotaged. Management would leave the store a tip when she was off. Then she would get the blame for it. One day two members of staff didn't show up for there shift. This was bleeps day off. Yet she got a warning from bleep for this. Is this fair? She to walked out. Then demoted herself. This is a person who worked 50 plus hours a week and would not get paid for all the extra hours. She was well liked in the store. Her treatment has created resentment.

 

Another supervisor bleep has also just demoted herself. She was the only member of Lead Sales who was made to work the whole weekend. They have phased her out on purpose. She wasn't being given any Lead Sales jobs and felt she had no choice but to step down.

 

Then there's me. I can work through twice as many cages as the other members of fill shift. Yet I'm the one being told off and treated like dirt. The other members of fill shift always get paired up. I'm always the only one who doesn't get paired up. I'm being punished for not being rubbish at my job. Several times i have been put down on the rota for 12 days on the run. Once i did 17 days without a day off. I was never asked if i could do these hours it was always assumed.

 

Management have no organisational skills. Staff are often told to do several things at the same time by different people. They seem to think they are below doing any actual work, that is for us "normal" workers to do. We are told we cant purchase drinks etc whilst on shift, yet they do. We are told we cant wear white trainers, wear cardigans etc but they do. We are not allowed to talk yet they stand around doing nothing and chat. We get told off if we clock in early yet are also told to clock in 10 minutes before your shift. Which we don't get paid for. This is in breach of the Minimum Wage Act.

 

One member of Lead Sales, bleep often walks around the shop doing absolutely nothing. She will be given a job to do and then pass it onto someone else. No one seems willing to tell her she comes to work to work, not stand around chatting about her boyfriend.

 

Staff are often asked to stay longer than there contracted hours. 9 times out of 10 they don't receive payment for this and have to go chasing it up. Often it takes several weeks to sort this out.

 

When i came back from my two weeks off i came back to a store with virtually no staff. The staff that were there were are extremely low. The atmosphere in there is awful. Customers can pick up on this. It's not good.

 

I feel my treatment in general in this store is disgusting. I have worked in several retail stores for over 8 years and never known incompetence like it. Virtually every other employee feels the same. I understand I am there to work. I try to work as hard as I can. But this is extremely hard whilst constantly being degraded and terrorised in front of other members of staff and customers.

 

I hope you will take action on all of this. If not for you're companies sake then for the well being of the staff in there, which sadly is crumbling. But i fear nothing will ever change in that store.....

 

Yours

 

bleep bleep

An Ex Employee

 

He replied saying:

 

Thank you for your email.

 

I will pass it onto the relevant staff to review.

 

Regards,

 

 

bleep bleep

Operations Director

 

I also recieveda letter from the area manager friday:

 

i am rwiting to request confirmation of your actions Tuesday 14th September 2010.

 

You left the store on this date and have not returned to work. You sent a txt message to me, which for the purpose of clarity would not be an accepted form of formaly reporting ansence or any other matter, which included a reference to how you were being treated at the bleep bleep store.

 

In the event that your absence is through ill health, please send the required medical certificate to your store manager for the purpose of payroll and recording your absence as certified.

 

if it was your intention to resign from your position then in the first instance i would urge you to exercise your right under the greivance process to try to resolve any employment concerns you may be experiencing. ?Howeve it is a recognised right to resin from the companys employ and as such if this remains your intention then iwould respectfully request that you confirm this in writing, addressed to me via head office address as detailed above.

 

In any event if we do nt recieve any witten or verbal communication by monday 20th september 2010 then i will assume that it was your intentio to resign with immediate effect and instruct payroll to process your file accordingly from the last day worked.

 

I look foward to hearing from you shortly

 

Now i got this friday. He hasnt exactly given me much time to send them a letter by monday has he. now there effectively sacking me monday yes? so i would of thought now they owe me all 10 days holiday?

[Hacked_Off]

anotherone who left the week befor eme hasnt been paid for her holidays. she worked her weeks notice, they owe her 16 days. shes been in the store and bee told "theres nothing we can do"