Annual paid leave entitlement

[bloomingflower]

Do remember that you can't just add this on to your existing claim - you will need to go to pre claim conciliation now on the unfair dismissal. And this is a choice. You don't have to do it, but if you do you have only just started and you need to start the work of understanding all this law in more detail if toy are going to do it on your own. It can be done. But it isn't going to come easily and without effort on your part.

 

 

Thank you sangie.

 

I forgot to say before when I read one of your previous posts regarding having to submit the unfair dismissal first through early conciliation route I had done this immediately online on the ACAS site.

 

I now have another new reference number so I should be getting a call back from ACAS about this in due course.

 

Thank you so much for all your help so far. `I really do appreciate it. This also goes to everyone who has contributed to this thread. At least I know where I am now with which steps to take.

 

 

bf x

[sangie5952]

I got "screamed at" by someone the other day for saying this, but I know you won't (and I'd say it anyway) - the law operates on the basis that you know the law. That applies to your employer, but it also applies to you. And that means that when you represent yourself at a tribunal you must endeavour to understand the law and the process every step of the way. The judges in tribunals are "kind" to litigants in person, but they are not forgiving - you must convince them of your argument, you must resent the law to them, and they don't give you (or the employer) the benefit of the doubt. To win you must be prepared, and you must ensure that you know how to wield the law and case law. It can be done - but it takes application and that starts now. People here can only help with so much. so you need to start using Google like your new best friend. The answers to everything are out there, but you must find them.

[bloomingflower]

I got "screamed at" by someone the other day for saying this, but I know you won't (and I'd say it anyway) - the law operates on the basis that you know the law. That applies to your employer, but it also applies to you. And that means that when you represent yourself at a tribunal you must endeavour to understand the law and the process every step of the way. The judges in tribunals are "kind" to litigants in person, but they are not forgiving - you must convince them of your argument, you must resent the law to them, and they don't give you (or the employer) the benefit of the doubt. To win you must be prepared, and you must ensure that you know how to wield the law and case law. It can be done - but it takes application and that starts now. People here can only help with so much. so you need to start using Google like your new best friend. The answers to everything are out there, but you must find them.

 

 

 

Hi sangie.

 

There is no way on earth that I would scream at you. That isn't my way at all...

 

I have been doing some swotting this afternoon since reading all your comments.

 

I have been reading this >>https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-automatic-unfair-dismissal/employment-tribunals-automatic-unfair-dismissal-trying-to-assert-a-statutory-right/

 

Fortunately, from the very first moment I requested annual paid leave I had printed all the emails that I had exchanged with my employer asserting my rights to holiday pay. I can prove to the tribunal with his emails that he stated that he had given me 28 days notice and that he will not be renewing my contract what so ever if I take him to the tribunal. Given that I had decided to do that regardless he nevertheless immediately terminated my employment with him anyway.

 

There is no other possible reason why he dismissed me other than for asserting my rights to annual leave because prior to my repeated requests for holiday pay we were working together in a fairly civil manner. It was from the very first moment from when I initially called him on the phone on the 21st June 2017 asking for holiday leave that our working relationship had deteriorated and crashed and burned so to speak.

 

So after reading this information from the above link I know I can argue and prove my claim for what's known as Automatic Unfair Dismissal.

 

Don't worry I am more than prepared. I am going to fight this as I have come so far.

 

 

bf x

Edited July 19, 2017 by bloomingflower
more info

[bloomingflower]

Hi sangie.

 

There is no way on earth that I would scream at you. That isn't my way at all...

 

I have been doing some swotting this afternoon since reading all your comments.

 

I have been reading this >>https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-automatic-unfair-dismissal/employment-tribunals-automatic-unfair-dismissal-trying-to-assert-a-statutory-right/

 

Fortunately, from the very first moment I requested annual paid leave I had printed all the emails that I had exchanged with my employer asserting my rights to holiday pay. I can prove to the tribunal with his emails that he stated that he had given me 28 days notice and that he will not be renewing my contract what so ever if I take him to the tribunal. Given that I had decided to do that regardless he nevertheless immediately terminated my employment with him anyway.

 

There is no other possible reason why he dismissed me other than for asserting my rights to annual leave because prior to my repeated requests for holiday pay we were working together in a fairly civil manner. It was from the very first moment from when I initially called him on the phone on the 21st June 2017 asking for holiday leave that our working relationship had deteriorated and crashed and burned so to speak.

 

So after reading this information from the above link I know I can argue and prove my claim for what's known as Automatic Unfair Dismissal.

 

Don't worry I am more than prepared. I am going to fight this as I have come so far.

 

 

bf x

 

 

Hi,

 

 

I have just had a phone call this morning from the ACAS conciliator to say that early conciliation has obviously failed so she has now sent me the EC certificate so that I can now issue my claim to the tribunal.

 

So here we go..drum roll to the ready...

 

 

 

bf x

Edited July 20, 2017 by bloomingflower
info

[honeybee13]

We're here for you, BF.

 

HB

[bloomingflower]

We're here for you, BF.

 

HB

 

 

Thank you so much HB..

 

I will certainly update everything regarding this situation as soon as I receive any more news.

 

In the meantime I am currently typing up the particulars of the claim.....

 

 

bf x

[bloomingflower]

Hi,

 

As I was just reading the employment status webpage again on the government website I had just come across this note at the bottom which says:

 

Individuals and their employers may have to pay unpaid tax and penalties, or lose entitlement to benefits, if their employment status is wrong.

As my earnings were well under the personal allowance I didn't have to pay any tax but I obviously paid NI contributions every month. But since there is an on going dispute with my zero hour contract of whether I am a worker or an employee I just wanted to find out what this means. And does this even apply to my situation?

 

Sorry, I am having a thick day today and my brain hurts

 

 

bf x

[honeybee13]

I would hope this applies more to the employer than to you, BF, but others know more than I do.

 

I can't remember, did you check that the NI you paid was passed on to the DWP/

 

HB

[sangie5952]

I would hope this applies more to the employer than to you, BF, but others know more than I do.

 

I can't remember, did you check that the NI you paid was passed on to the DWP/

 

HB

Again, this isn't my area, but I would want to check that the patients had been passed to HMRC. But I can't see why you would owe anything. However, best talk to them about it, and then if there is anything it becomes part of your claim.

[honeybee13]

Do you mean payments rather than patients, Sangie?

 

HB

[bloomingflower]

Again, this isn't my area, but I would want to check that the patients had been passed to HMRC. But I can't see why you would owe anything. However, best talk to them about it, and then if there is anything it becomes part of your claim.

 

Do you mean payments rather than patients, Sangie?

 

HB

 

 

I did wonder who these poor patients were that they needed to be passed on to HMRC

 

Anyhow, I did some checking on the tax credits website and it does seem everything regarding my NI contributions are in order.

 

I have now submitted my claim form into the tribunal system..so now I just need to wait until they have processed it....

 

 

 

bf x

[honeybee13]

Good news about your NI, BF.

 

HB

[sangie5952]

Do you mean payments rather than patients, Sangie?

 

HB

 

It's a new NHS scheme whereby doctors diagnose you and the tax office decide whether treating you is value for money.

 

Damn, predictive keyboard strikes again.

[honeybee13]

Very good.

 

HB

[bloomingflower]

Hi,

 

I have just received an email notification regarding my fee remission for not having to pay for my tribunal claim for non payment of holiday pay and automatic unfair dismissal.

 

This good news could not have come at a better time given I have now lost my job with no means of paying the fees.

 

However, I think I would have qualified for the remission or at least some of it if the fees were still payable.

 

Please can I pick the brains of one of your employment experts? (or two or three)

 

I should be receiving my last wages for the month of July and my P45 by the end of this week but given my previous employer is being rather difficult I am wondering if he will be withholding them back just to be spiteful. Or he will not pay me the correct amounts. I am really worried about this.

 

I need to check whether the payments will be correct if he does pay me. He gave me 28 days notice from the 8th July 2017. (notice will end on the 5th August 2017)

 

Just to clarify; I worked for one week from the 3rd to 7th July 2017 and then I booked one weeks holiday from the 10th to the 14th July 2017. And one day holiday on the 21st July 2017. My last week of work would have been from the 17th to the 20th July 2017. (the 20th was the last day of school term)

 

 

BF x

 

 

[Emmzzi]

Hi, I'm not quite sure what you would like a hand checking please - we might need some figures, tax code, etc

[bloomingflower]

Hi, I'm not quite sure what you would like a hand checking please - we might need some figures, tax code, etc

Hi,

 

Yes sorry. I forgot about figures. I was on NMW (7.50) my tax code was 1035N (to take into account the marriage allowance). I worked 30 hrs a week term time only (39 wks).

 

I think I just wanted to be reassured that what my ex-employer will be paying is going to be correct. I have had to double check my wages in the past because they have a history of messing up the calculations. (My employer has an accountant to obviously do the pay roll but he is not very good).

 

 

BF x

 

 

BF x

[sangie5952]

Hi,

 

Yes sorry. I forgot about figures. I was on NMW (7.50) my tax code was 1035N (to take into account the marriage allowance). I worked 30 hrs a week term time only (39 wks).

 

I think I just wanted to be reassured that what my ex-employer will be paying is going to be correct. I have had to double check my wages in the past because they have a history of messing up the calculations. (My employer has an accountant to obviously do the pay roll but he is not very good).

 

 

BF x

[/size

 

 

BF x

 

Love to help. But I'm rubbish at payroll! Ask another one....

 

But do come back regarding the case. It'd be nice to see you succeed on this one.

[bloomingflower]

Love to help. But I'm rubbish at payroll! Ask another one....

 

But do come back regarding the case. It'd be nice to see you succeed on this one.

 

No worries.

 

After reading back my above posts I sound like I am a bit of a dimwit. But I think what I was trying to get at is;

 

what if my ex-employer thinks he can just get away with paying me just for the hours I have worked and not pay me for the whole of my notice and holiday pay etc. (coupled with the fact his accountant also keeps on messing up figures).

 

His whole defence (or mantra that he keeps on repeating time after time) is based on "You are on a zero hour contract so when you work you will get paid and if you don't work you don't get paid".

 

However, he just doesn't seem to want to grasp the fact that`employees and workers do actually get paid for not working - its called holiday pay.

 

He's not buying it hence why he has dismissed me and I have filed my case to an employment tribunal. I am also claiming for automatic unfair dismissal.

 

 

BF x

[sangie5952]

No worries.

 

After reading back my above posts I sound like I am a bit of a dimwit. But I think what I was trying to get at is;

 

what if my ex-employer thinks he can just get away with paying me just for the hours I have worked and not pay me for the whole of my notice and holiday pay etc. (coupled with the fact his accountant also keeps on messing up figures).

 

His whole defence (or mantra that he keeps on repeating time after time) is based on "You are on a zero hour contract so when you work you will get paid and if you don't work you don't get paid".

 

However, he just doesn't seem to want to grasp the fact that`employees and workers do actually get paid for not working - its called holiday pay.

 

He's not buying it hence why he has dismissed me and I have filed my case to an employment tribunal. I am also claiming for automatic unfair dismissal.

 

 

BF x

 

Ah right. Well I'm afraid that goes with the turf - if he doesn't pay you add it to your claim. If he wishes to keep adding to the score, then dimwit yes, but that's his choice. Consider it a savings scheme!

[bloomingflower]

Hi,

 

Whilst I am patiently waiting for the tribunal date to come through..

 

I really need to ask someone who may know who I can report my previous employer to. As they are getting away with underhanded business activities/practises with near impunity.(a Taxi company)

 

There must be some authority out there who I can report them to as they are now withholding my wage slip and one weeks wages.

 

I think I have exhausted all avenues about this as I have contacted ACAS (for my non payments for statutory holiday pay and automatic unfair dismissal claims). I have also received advice from a solicitor who works in a law centre and the CAB.

 

The solicitor can't help me and the CAB are only volunteers who have no idea about employment law. I have even reported them to their borough council who issues their operators licence.

 

Is there some sort of regulator for taxi companies?

 

Please can someone advise.

 

 

 

BF x

[Emmzzi]

your recourse is through the courts, I am afraid

[ericsbrother]

you could have sued him for the money via the county court small claims under a general tort/breach of contract. That wouldntgive you any satisfaction regarding having it shown that you were wronged in other ways but would ahve been quicker and easier. The ET has powers to make orders that will affect his business and benefit others as well so there is an aspect of public service to your claim as well as getting a recognition and compensation for your treatment.

It was in my local news a couple fo weeks ago that a similar company just did a runner wne called out so everyone got nothing- lost about a grand in owed pay etc so chasing after a bad employer is never easy.

[bloomingflower]

you could have sued him for the money via the county court small claims under a general tort/breach of contract. That wouldntgive you any satisfaction regarding having it shown that you were wronged in other ways but would ahve been quicker and easier. The ET has powers to make orders that will affect his business and benefit others as well so there is an aspect of public service to your claim as well as getting a recognition and compensation for your treatment.

It was in my local news a couple fo weeks ago that a similar company just did a runner wne called out so everyone got nothing- lost about a grand in owed pay etc so chasing after a bad employer is never easy.

The last part in bold is so true.

 

Although I know that the only way I can get any type of recompense is through the courts/ET for the harm and mistreatment I have had to suffer from my ex employer it hasn't been easy trying to find other ways to report him for his unscrupulous behaviour. It is shocking that there are no other regulators or authorities to report him to. I have maxed out on Google trying to find something.

 

However as mentioned in my previous post, I have reported them to their borough council who issues their operators licence. I have told them everything as the other problems I had did not just involve of only one or two things. There were ongoing mechanical and cosmetic faults with their company vehicles which took the company weeks to repair,wages not being paid on time, not being allowed to have rests and breaks etc.

 

It was the straw that broke the camel's back as I am finding it incredibly hard to get my head around being dismissed for only just asking for something that I am entitled to in the first place. I had the audacity to challenge my employer about the other above issues which gave him another reason to sack me. I am waiting for my wages that he still hasn't paid me but I won't be seeing that any time soon until I get to the tribunal.

 

There are so many bad employers out there who are getting away with this kind of shameless behaviour and someone or something needs to stop them.

 

I am now currently supporting the CAB in their campaign for the government to create a 'fair employment commission' for vulnerable employees and workers who are being exploited by these rogue employers.

 

 

 

bf x

Edited August 17, 2017 by honeybee13
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[BeauBrummie]

Hi,

 

Whilst I am patiently waiting for the tribunal date to come through..

 

I really need to ask someone who may know who I can report my previous employer to. As they are getting away with underhanded business activities/practises with near impunity.(a Taxi company)

 

There must be some authority out there who I can report them to as they are now withholding my wage slip and one weeks wages.

 

I think I have exhausted all avenues about this as I have contacted ACAS (for my non payments for statutory holiday pay and automatic unfair dismissal claims). I have also received advice from a solicitor who works in a law centre and the CAB.

 

The solicitor can't help me and the CAB are only volunteers who have no idea about employment law. I have even reported them to their borough council who issues their operators licence.

 

Is there some sort of regulator for taxi companies?

 

Please can someone advise.

 

 

 

BF x

 

I think I am right in saying that your ex employer would need an operators license for a taxi business. This is granted to a "fit and proper person" by the local council where that business operates.

 

Make of that what you will, armed with the information to hand.

 

There is also a Trade Association you could get in touch with called the National Taxi Association (not sure if can put that on here) oppologies to the mods if it is against the house rules.

 

Best of luck in your struggle