Not impressed with work this morning..

gabyjane

A while back i posted about me asking for no holiday at work and getting a higher rate of pay..it was agreed that my holiday would be divided up into the months and added on. All was well until yesterday. I recieved a letter saying as i had not done my allocated 2 hours per day i wasnt going to get the agreed rate and that was it..no nothing as to what i was going to get.
My boss came in and said infront of 2 other people your wages are supposed to be xxx but they will be different now..i said ok what? she didnt know..she dashed off to do something and i was left baffled and rather cross she had discussed wages infront of 2 other members of staff..i called numerous times yesterday and no one was there.

I got paid today and have been paid the old amount i was on..bearing in mind it is a 5 week month and i have no proper job at the mo i was hoping for this to tide me by before i start my new one.

I have just rung the accounts dept and spoke to the lady who pays me, she says she has no idea whats going on and had asked and asked and had no reply..she wasnt sure what to pay me and said she had to do lower rate or ide have got nothing which is fair enough..i just have to speak to this other person who is off..great.

SO! where do i stand? should it matter i worked less hours..isnt that my problem?..the holiday thing tbh is a farse and think i will end up being made to revert back to the old way as will have no idea what im getting each month as rates will change as and when..
Help!

RedSoleShoes

I have tried to read your post but it is really confusing! Sorry, don't know if it just me but I am not sure what you are asking??

surreysaver

By law you are entitled to have 5.6 weeks holiday a year - and you HAVE to take at least 4 weeks of it. You can agree to be paid the remaining 1.6 weeks, but you have to take 4 weeks by law.

getmore4less

surreysaver wrote: »

By law you are entitled to have 5.6 weeks holiday a year - and you HAVE to take at least 4 weeks of it. You can agree to be paid the remaining 1.6 weeks, but you have to take 4 weeks by law.

Read the other thread

https://forums.moneysavingexpert.com/discussion/2314561=

Trying to get holiday rolled up then not take holidays to get more money.

I think you have to take the full 5.6 now the stautory has increased

gabyjane

Aaaah see this thread could escalate again im sure! Sorry first post rushed and not explained very well for those of you who dont remember the last post!

Ok i work pert time 2 hours per day 5 days per week..i asked to have no holidays and have the holidays spread out and put into my yearly pay..paid monthly. I am entitled by them to 20 days per year.

They agreed this based on 2 hours per day but seeing as some days i have done 1 3/4 not 2 they have decided not to? what im asking is can they do this and how do i ever work out what im due to get paid if they dont know?

Thanks

Zazen999

How do they work out your leave to be added to your wage if you don't work the 2 hours per day?

If you work less hours then you will be entitled to less days.

I find it amazing that you are eligible for 20 days - do you mean that is pro-rata-ed down to say 7 days over the year?

liney

Some one working 2 hours a day over 5 days a week would still get 5.6 weeks off (ie 20 days plus bank holidays) it's just that the "day" is only 2 hours long.

Incidently they should not be agreeing to pay you instead of you taking holidays because whether you "opt out" or not, you cannot opt out of rest breaks. It's against the law.

gabyjane

Zazen999 wrote: »

How do they work out your leave to be added to your wage if you don't work the 2 hours per day?

If you work less hours then you will be entitled to less days.

I find it amazing that you are eligible for 20 days - do you mean that is pro-rata-ed down to say 7 days over the year?

Hi yes to the top bit how do they work it out..this is the big question as they are saying they dont know how to!! if the accounts dept dont know then im sure as hell damned i do!

I work varying hours..some 2 some 2 and a bit..some less than 2 depending on whether i get out of bed on time or not lol..this is fine by me if i get less as obviously worked less but find it unfair they have just paid me less than they should have because they are 'unsure' of what to do??

20 days i guess is the 5 days per week x 4 = 20 days + BH.

gabyjane

liney wrote: »

Some one working 2 hours a day over 5 days a week would still get 5.6 weeks off (ie 20 days plus bank holidays) it's just that the "day" is only 2 hours long.

Incidently they should not be agreeing to pay you instead of you taking holidays because whether you "opt out" or not, you cannot opt out of rest breaks. It's against the law.

Unfortunately any rules that come into affect dont seem to fall into place where i work as they have thier own set! If i decide not to have holidays that's my prob i MUST take them..is that what you are saying?

jobbingmusician

My understanding of what you are saying is this.

You are being paid (theoretically, at least) a 'rolled up' amount which includes your holiday pay. This is based on your 2 hours per day. This is actually illegal. See the bottom of the page here (a government site). You are correct in your post above - you HAVE to take holidays.

You are frequently late for work, and so your employer has reverted to the old way of paying you, without the rolled up amount. You accept that you do only have a right to holidays or holiday pay based on the actual hours you work.

The employer has made a sudden decision to revert to the old way of paying you, based on your hourly rate and not including holiday pay. You have assumed that this is because you have worked less hours, I think, but could it be because the employer has realised that he HAS to pay you holiday pay and you HAVE to take holiday?

I do agree that your employer shouldn't suddenly change your hourly pay without warning, by the way! Do you have anything in writing stating what your hourly pay is and that it does, or doesn't, include holiday?

MrsManda

gabyjane wrote: »

[/B]
Unfortunately any rules that come into affect dont seem to fall into place where i work as they have thier own set! If i decide not to have holidays that's my prob i MUST take them..is that what you are saying?

Pretty much - you cannot opt to not take holidays. Your employer has to ensure you take 5.6 weeks (pro-rata) off work a year. If your employer has a more generous holiday policy then anything over 5.6 weeks can be carried over or paid for in lieu but the 5.6 weeks are statutory. See Direct.gov for details