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Employment ET - Not being paid for hours worked? ***WON WITH COSTS***


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You said

 

"I've brought these issues up with them several times, I've sent 21 emails over four weeks and several phone callsicon. Managers say they'll come and see me about it but don't turn up. Also being met with a wall of silence to emails. I've even emailed the CEO and been ignored. Been on the phone to human resources today and been given the regional managers phone number but he's not picking up sonive put it in writing via txt message."

 

Were any of these a written piece of paper using the words "formal grievance"?

 

What is your company's policy on grievances and have they followed it?

 

Yes, three weeks ago one of the replies said "your comments have been noted" I specifically told them the comments were clearly not being ignoref and I would therefore want to make a formal grievance-then laid out all the reasons why.

 

Just to add, I am still no further forward!

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First thing that is important to highlight is that you have less than 5 months service with the company. This rules out constructive and unfair dismissals. The reason that would be important is that they can do a "No Fault Dismissal" without many consequences. This means that asserting your rights may leave you vulnerable.

 

"the other two I work with want to go early everyday, and because we have to clock in the company are now saying we only get paid when logged in. The problem I've got is one of the staff members who wants to go early is the keyholder. So if she goes early, which she does every night, I'm left with no choice but to go to, and lose pay. The only other choice I have to get my contracted hours is to be locked in the building over night!!! Clearly that's ridiculous. The company are aware of this but have done nothing about it. I really don't think it's fair for me to lose wages because someone else wants to go early. Not really sure were I stand with this point. I was under the impression they have to pay contracted hours even if the work isn't provided? "

 

Can you not find your own way there? Im afraid there is not much scope here for you. Getting to and from work is your responsibility.

 

As for the time and a half, if this is not written down in policy you may find yourself arguing between custom and practice and "Managers Discretion"

 

Other missing wages requires you in a grievance if you follow that route, to state what is missing and why it is owed in a clear fashion. If the Grievance fails then you have the option of a tribunal for unlawful deductions or a small claims action.

 

Being pragmatic

 

Id be looking for alternative employment.

 

This has nothing to do with the OP getting to and from work.. it is about someone locking him out of the system because they are the key holder/main password keeper !!

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Yes, two weeks ago one of the replies said "your comments have been noted" I specifically told them the comments were clearly not being bored and I would therefore want to make a formal grievance-then laid out all the reasons why.

 

Just to add, I am still no further forward!

 

 

 

To ask again; what is your company's policy on grievances and has it been followed

 

 

Be aware that "I want to make a grievance" is not the same as saying "this IS a grievance."

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Guest topcat14

The OP is getting nowhere here !!

 

Hacked Off ....Have you got a copy of the employee handbook, this should give you the Grievance procedures, if not I suggest you ask for one as soon as possible.

 

You should write to the person named in the grievance procedure explaining in a bullet point fashion all of the issues you have raised. The company procedure should tell you how long it will take to get an acknowledgement and response to your written letter.

 

The procedures need to be exhausted before you take any further action.

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Wow hostile!

 

 

 

No, trying to help and irritated at getting half answers which mean that I can't!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Guest topcat14
As stated in the original post, all avenues have been exausted and early notification has been done with acas, they are also ignoring acas.

 

ACAS early notification is just the way to attempt to bring parties together and is time limited.

 

If you have followed the internal procedures and not had any response, my opinion is continue along the same path with ACAS towards a formal resolution of a tribunal. Be sure have everything documented.

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Then you should probably 'make your own way' To the original post and re read it.

 

Out

 

And indeed, the greivance process is not described there either.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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