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    • Hi,   it’s entirely up to the boss if they use furlough or not; but there’s no harm volunteering, and if you are ok with 80% and no top up, that’s good to say also. They can choose who stays and who is furloughed, yes.   Anonymous phone call to HSE is usually how I’d handle a safety risk where the employer is a bit tricky; risk assessment if they’re decent. But I imagine HSE are a bit busy right now.
    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
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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

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Sounds as though you work in a school? I think from the sounds of it you might need to ask for special permission to take a holiday in term time as your contract does seem specific in that holiday must be taken outside term time.

 

It is a bit like student holidays in term time - they can be taken, but only by permission of the Head Teacher. In your case I would discuss with your immediate management, stress why it is important that you are able to attend the wedding and explain that it is out of your control, you know that it is strictly speaking not permitted and ask what can be done about it - whether paid or unpaid. September is still some way off so cover could probably be arranged for the time off.

 

Ultimately any employer can dictate when holiday can and cannot be taken and there isn't much that you could do if they say no, short of either leaving or failing to turn up - which would inevitably lead to disciplinary action!


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Hi Sidewinder, thanks for your reply.

 

 

Yes I do work in a school, but my contract was changed 4 years ago to a term-time contract. In this contract I do not get any holidays but get paid for my holiday entitlement, which I think is at time and a half. When the school is closed I do not get paid but their way of giving me a wage every month is to add together my annual wages and holiday entitlement and divide it by 12.

 

 

I am not sure about employment law but surely they cannot make you work your holiday entitlement unless I have agreed to it? To date I have never received a new contract.

 

 

They have also told me that I can work elsewhere during the school closures.

 

 

Thanks.

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You say you don't have a contract yet and as the job description has changed, then I think a new contract needs signing. Put your request in now for two days paid leave in September.

My thinking is they cannot say that your contract says .... because you don't have a contract.

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then you are entitled to paid leave and may take it upon request at suitable notice. Their problem will be trying to deduct the money for the extra days you will have taken during the summer recess over the 12 payment periods as that is what they say they are doing.

In essence you dont get paid for the summer but get your salary for the 38 wks as 12 chunks (they should add money for your holiday pay as your summer isnt their time so you should get paid time off in lieu).

Be worth checking the figures they gave you initially to see if you are getting paid time off.

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Thanks Conniff, school is closed for Easter but I shall put my request in, when we return, to see what they say. I have also fired off an email to my union (Unison) asking for some advice, will see what they recommend or advise.

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then you are entitled to paid leave and may take it upon request at suitable notice. Their problem will be trying to deduct the money for the extra days you will have taken during the summer recess over the 12 payment periods as that is what they say they are doing.

In essence you dont get paid for the summer but get your salary for the 38 wks as 12 chunks (they should add money for your holiday pay as your summer isnt their time so you should get paid time off in lieu).

Be worth checking the figures they gave you initially to see if you are getting paid time off.

 

 

Hi ericsbrother, thanks for your reply.

 

 

I have asked for a breakdown of my wages showing what was salary and what was holiday entitlement. The person I spoke to passed me onto someone else who in turn passed me onto someone else, after getting passed onto seven different people I ended up speaking to the first person I talked to who said she would get back in touch, still waiting. After five weeks of getting passed from pillar to post I am no further forward on finding out how my wages are calculated.

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Well have had a reply from my union rep, said they had spoken to HR, the reply was :-

 

 

"Your holiday entitlement is worked out over the year and paid in your salary as you state. Your allocation of holidays are now when the school is closed. You have no other A/L entitlement outside of this."

 

 

Still haven't a clue to-

 

  1. How my holiday entitlement is worked out
  2. Why I have to work my holiday entitlement
  3. Why I can't take my holidays during the time I am actually working for the council

More Questions to be fired off then :o(

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your employer can dictate every single day you take holidays; there is no right to free will!Their reply seems fair to me. That's how a term time contract works. I'd just ask for clarification on the arithmetic; there's no other rights to be claimed here.


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This is unfortunate but not unlawful. The holiday policy as stated seems in order - you were asking for them to be flexible but it would appear that they are not willing to be. You can indeed argue the amount of holiday but not the fact that they will only allow holiday to be taken within certain date periods which coincide with school holidays.

 

You may well now have to make a request for unpaid leave only rather than moving some days from the permitted period into term time as an exception. They can still say no though and my gut feeling is that they will say no - otherwise why refuse a request to take it as paid holiday?

 

Where you go then, who knows?


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Thanks for all your replies, think I will just put in the request and see what happens. Paid or unpaid I shall go to the wedding ;o)

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