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Im a security officer, I've posted on here before.

Recently things have been getting uncomftable so please forgive for the long thread.

 

I've worked on this site for 4 years, was tupe over during 1st year, no problems till December 2013, car broke down on several occasions and couldn't get it, yes I admitted fault and did use a friends car to get in on most days, but got given warming. ( which turned out to be a letter the boss had typed up in the officer which all my personal details on as though I wrote iit, it was a resignation, but I refused to sign it). Never had a day off sick since.

 

Then we stopped getting our rota I had to call anothe guard on site to get rota, and even then supervisor would change without notice . Took a holiday in October 2014 and was due back in the Thursday after holiday week, had a call on the Wednesday telling me I late and to be in work when I explained the rota said Thursday, I was told by other guard, he said no he was wrong it today, I refused to go in as I was out with family, and I had a copy of rota saying off.

 

Then boss wanted day guard to pick a permant night guard and said another guard who had only worked my side once or twice, this didn't happen as site owner requested me as I have been on site since day one and knew what I was doing, I've never questioned day guard and we have never had a disagreement, day guard has since left and now employed by site people.

 

Had a holiday in February half term, I got the mobile supervisor to deliver me the rota do I knew what I was on upon return, again hot a call the day before due in saying I've not turned up and it becoming a pattern, I explained the rota I got says different he says oh that the wrong one. Go to shift next day to get a security guard ringing me at 17.20 (not due to start till 18.00 but come in early incase of handover) asking where I am, I said on site and said is this over yesterday he yes, and that he personally gave new rota on our side on 21st February, I explained it busy speak later. I was on holiday the 21st and didn't have new rota as was not due in till 26th February.

 

Today (1st March) the day guard getting a lift of supervisor, had not turned up at 05.57 am so I called to see where was, he said in the garage having a coffee,, be 15 mins, I hung up, thru then turned up at 06.05, I was outside handing over site items and said there is no handover, got in my car and came home, only got in 30 mins ago, I then got a text saying no need for addituted and that he had saved my job on serval occasions, I've not a clue what occasions he on about as I've never been off suck done everything needed and never had a complaint about me.

 

I'm on a zero hour contract with old firm, but with new one not sure as never had one, but no longer get double pay on bank holidays, and only paid 8 hours a night when on holidays though I work 12 with no breaks, I've put in a grievemve over the supervisor changing rota at short notice and not informing me no response on it, we have had two occasions this year where wages have not gone in on due date, and we don't get told till due date they not going in, making us incur charges, I'm waiting to hear over that.

 

Booked a holiday last June for May this year. Handing it supervisor in June 3rd but got a text saying to tell him next year as too early, tell him in jam but he won't honour it as he and another guard are going to Nigeria for his wedding, I've said that he knew about this since last year, he refused to admit he did, till I found old phone and showed text, he then said look you know I e never met this girl and inky know her mum but we getting married, I'm fuming the handbook states no two guards on same shift (day) and two on nights can not be off together, the other guard is a day guard.

 

I'm wanting to know if I can leave under constructive dismal, it has become an awful place to be, I've been looking for other jobs, had a few interviews this last week. I've never had this problem in the 9 years of working as a guard, I want my holiday pay to be backdated to 12 hours a night. the boss who the grievance goes to is really really friendly with site supervisor

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Hi

 

You could certainly resign if you wanted to. I don't think you could claim constructive dismissal though. CD cases are hard to win as you must prove that you were effectively 'forced out'. It certainly sounds like your employer is a bad apple and that you have been treated badly but I don't think it is enough to constitute CD.

 

You might be able to claim for unpaid holiday pay on the basis of being paid 8 hours rather than the 12 you actually worked, and for double pay on bank holidays as your original terms and conditions would have applied when you are TUPEd over. This could be a tidy sum if this has been going on for a few years. I would secure another job first though because you might need a reference.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Thank you for the reply, I'm gonna bite my tongue till have another job then take further. When it comes to getting the money do I do a letter before action its 3 years worth, so 84 days holiday only paid 8 hours on and 24 days for bank holiday from time and half to double, I've kept al my time sheets and contract would this be enough.

 

Acas told us that the bank holiday dropping to time and half was legal as it fell within that's companies policy

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The law on holiday pay is complicated and currently in a state of flux, but in short you should get paid holiday based on your normal working hours. The employer would be entitled to exclude overtime for example. If there are no normal working hours, the employer is supposed to take an average of pay received over the last 12 weeks.

 

If you were on a zero hours contract but always worked 12 hours, without any concept of overtime, I would think you should receive holiday pay according to 12 hours.

 

You would start off with a 'letter before action'. In general the level of understanding of many small employers about the rules on holiday pay is poor and there are a lot of employers out there who are under the impression that underpaying people for holiday is lawful. You may need to fight for it.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 3 weeks later...

Hi thank you for our time, I have drafted a grievance due to non payment of wages for 3 time this year and not being told till about 4pm on the day wages due, but also put in about the holiday pay. Copy of the letter below is this ok please?

 

 

 

 

I am writing to put in a Grievance. A breach of contract has been made on several occasions with wages, as you are aware wages are due in on a Friday of each week, but several times this year this has not happened and I have not been informed till after midday on most occasions. Also with regards to Holiday Pay, I work 12 Hour shifts but only paid 8 hours on Holiday this is against the Law.

 

In accordance with the Handbook section 6.0 sub-section 6.1: Payment

Wages will be paid directly into a bank account of your choice on the date stated at the start of your employment. The Company reserves the right to vary the method of payment; however you will be notified of any such change in writing. You will receive a payslip detailing how the payment made to you has been calculated. It will also show the deductions that have been made and the reasons for them, for example, Tax, National Insurance, etc.

 

This has not happened on several occasions, Wages are due in on a Friday and when they have not gone in, I have contacted supervisor(name is inputted) or the office (company name inputted) to find out why, and the response has been a glitch with the payment system and will not be paid till Monday, this puts me in a finical predicament.

It also states that any methods of payment changes will be notified in writing but this has not been honoured, I am requesting my wages paid into the account every Friday as agreed in the contract and if they are not going to be paid in on Friday, you make us aware of the situation on a Wednesday of that week, so I’m able to adjust any bills due that week.

 

In Regards to Holiday Pay, Section 7.0 sub section 7.1: Holiday Pay

Holiday pay is as the basic rate and does not include any bonus commission or overtime.

This has not been the case, for Holiday pay I have only been getting 8 hours a day/night pay, but I work 12 hours a day/night, I'm requesting that all holiday pay that is owed be back dated please.

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Hi

 

I would think carefully about whether you really want to send this letter. As you are on a zero hours contract, the risk of sending it is that the employer could get upset and slash your hours, or refuse to give a reference to a new employer.

 

I personally would wait until I had settled into another job and obtained any references I needed. I would then try to get them to pay up for the backdated holiday pay.

 

If you do decide to send the letter, it looks fine to me. I would just add something at the bottom along the lines of 'I look forward to receiving a response within 14 days.'

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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site owner requested me as I have been on site since day one and knew what I was doing, I've never questioned day guard and we have never had a disagreement, day guard has since left and now employed by site people.

 

hi,

 

you say that the site owner requested your company for you to work at the site. you also say that the site owner has employed another security guard from your company to work at the site.

 

as the site owner has requested you, i am wondering whether you can apply to the site owner to be employed directly? this would benefit the site owner since there would be no additional payments to the security company, it would also benefit you as you will not be treated badly, - you may even end up with increased hourly rate to what the security company pays you at the moment.

 

you say site owner employed another security guard from your company, hopefully (and if you wanted it) the site owner would employ you also?

 

once you are away from the awful security company, then you would be in more of a position to take action against them for your back pay etc

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Yeah I've spoke to managing director, and he says he trying to get owner to employ direct.

I know I shouldn't have asked but I told him about the wages and holiday situation, he was fuming as the security firm tell them we on £7ph and told them we get full 12hrs when we on Holiday. I told him the truth,

 

I've had enough, my partner has pursaded me to do my hgv licence, as if I can't get another security job, I've got this to fall back on.

Thanks guys

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Handed in grievance, now told no wages till Wednesday, my partner has cried as we have bills and one is a council tax liability order, she scraping money together to pay it.

 

She begging me to leave them now.

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Sorry to hear that. It does sound like you should be searching for another job as quickly as you can. You can always chase for the holiday pay later.

 

The owner may be prepared to employ you direct, but the issue for him is that this would probably be a breach of his contract with the agency.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for all the help, today I've been offered another job start Saturday, just writing up resignation now. I've just put

 

As of 26 March 2015, I stuggling is handing in my resignation with immediate effect. I ask that I be paid any holiday entitlement that is owed to me.

 

 

 

In a few days when I've gone through everything I will draw up a Letter before action for the holiday pay that is owed as I know it 12 days for 2013 and 28 days for 2014, do I need the wage slips with the holidays on, as they paid for 8 hours on all, so I'm roughly guessing for 2013 they owe, 48 hours at £6.31 and for 2014 I get 28 hours for beginning of year and 84 hours for last part of year.

Thank you

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