annual leave and toilet checks

hook

i have just started a new job and would like some advice on a couple of things. the first is annual leave. my contract states that i have 28 days annual leave pro rata. but i have been told by management this actually means i only get 24 days leave because we dont work monday to friday. now my shifts are different i could work 5 days then get 3 days off then it will be 7 days on 4 days off then 5 days on and 1 day of and 5 days on 2 days off. in the week my shifts are 7hrs 8 hrs and 9hrs depending on the shift sat and sun are 12 hr shifts. i am supposssed to work an average of 35 hours a week monday to saturday. sunday not being part of my working week. but i am rostered to work some sundays which are 12 hour shifts. if i work a sunday the pay is already calculated into my wage. also i am expected to work some overtime without pay which then brings my hours up to 38.5 a week on average. i have checked a website called buisnesslink and on a 35 hour week it says i am intitled to 196.00 hrs holiday a year. is this correct.? also i am told that i am not allowed to take a sunday night of as annual leave.
my 2nd query is i am to make regular security patrols and included in this is the mens toilet. this is not just a staff toilet its a public toilet very open plan. so basically when i walk in theres nothing i cant see. on a couple of times i have had some fellas think it amusing to flash me and give me abuse on one occasion 2 guys thought it funny that they pretend to masterbate in front of me. i have mentioned this to a manager but i feel that i am not really being taken seriously over this. on occasion a male collegue will do a check for me. but most of them just think i am making a big deal out of it as they say they have to check the womens toilet and they dont find it a problem. i am at the moment the only female working there in this job and so have no one really to back me up in this. where do i stand if i refuse to do it. i dont want to lose my job. sorry if this is a bit long

Mudd14

Holidays is easy you are entitled to a minimum of 5.6 weeks per annum (28 days for someone who works 5 day weeks). As your working week is a bit mish/mash it may be easy to show it in hours which Business Link has correctly calculated. 5.6 weeks x 35 hours = 196 hours holiday

Your employer can deny requests for holiday so this may happen regarding sunday nights and may be part of your contract?

The toliet thing is not acceptable in my opinion and you should make your feelings strongly known, if they dont listen raise a grievance under the companies procedure. Personnally it could be verging on indirect sex discrimination in my opinion.

liney

Lewd conduct = Gross Misconduct = Summary Dismissal. Speak to HR.

Yes, the company can tell you when you can or can't take your holidays. You are entitled to the minimum of 5.6 weeks per year, but the company is entitled to tell you when you or can't take them. Overtime should not be included when calculating holiday entitlement, only basic hours.

jdturk

Mudd14 wrote: »

Holidays is easy you are entitled to a minimum of 5.6 weeks per annum (28 days for someone who works 5 day weeks). As your working week is a bit mish/mash it may be easy to show it in hours which Business Link has correctly calculated. 5.6 weeks x 35 hours = 196 hours holiday

Your employer can deny requests for holiday so this may happen regarding sunday nights and may be part of your contract?

The toliet thing is not acceptable in my opinion and you should make your feelings strongly known, if they dont listen raise a grievance under the companies procedure. Personnally it could be verging on indirect sex discrimination in my opinion.

Not sure how its sex disrimination to be honest, the OP knew what the job entailed when she started and it WOULD be sex discrimination to say that she could get away with not checking the mens toilets but the men still had to check the females toilets.

However! what has happened to the OP clearly is not right and something needs to be done to sort this. Would it be more appropiate for the OP to actually knock on the door and state this is a check and wait for all the men to finish their business first?

As for the holiday, if they work it out that on average you only do 4/5th's of a normal working week in days the you get 4/5ths of the pro-rata holiday.

Yes they can tell you not to take it on a sunday

hook

i did not know i would have to do toilet checks when i started this job. all i knew was that i would be doing security patrols which i have no problem with. the female toilets are all cubilcles. the mens toilets are not. as soon as you get to the entrance there is no door. there are at least 30 urinals on either side of the entrance. fri sat nights are the worst as i have to go in there when all the drunks from the clubs are using it or it could be football fans.

jdturk

liney wrote: »

Lewd conduct = Gross Misconduct = Summary Dismissal. Speak to HR.

Yes, the company can tell you when you can or can't take your holidays. You are entitled to the minimum of 5.6 weeks per year, but the company is entitled to tell you when you or can't take them.

Be interesting to know how you would dismiss a member of the public!

And its Pro-rata if the OP is not working a full week

surreysaver

Mudd14 wrote: »

The toliet thing is not acceptable in my opinion and you should make your feelings strongly known, if they dont listen raise a grievance under the companies procedure. Personnally it could be verging on indirect sex discrimination in my opinion.

More like your employer is allowing you to be sexually harrassed. You would be justified in refusing to work under grounds of health and safety. Would your employer take it seriously if you reported being flashed at to the police and being a victim of a sexual assault (I'm sure being flashed at would count as this)? Your employer would be in serious trouble for not dealing with this risk.

maninthestreet

As the toilet is a public toilet, the lewd bahaviour you state to have observed could be a breach of the Public Order Act, and may even consitute a sexual offence. These should be reported to the police.

Oldernotwiser

Surely if there's one day of the week when holiday can't be taken then someone can never take even a week's holiday,much less a fortnight. Can this be right?

dawnybabes

Be careful making a complaint at work, if you have under 1yr service they can let you go for any reason.

Could you not take a colleague in with you - or shout before you go in ?

hook

no i cant take anyone with me as at that time as they will be busy doing something else and i dont think shouting will make a difference. i will see my union rep on sat night and see what they say.