What are my right's?

tobynchloe

Right, work is not to good at the moment.
And my boss has asked me to take unpaid work (as holiday pay)

but should be be paying me salary or is he allowd to do this?

any help appreciated.

Toby

tobynchloe

jdturk wrote: »

unpaid work, sorry does he mean he is asking you to take holiday pay but to actually come in and work?

well i had last week off.. unpaid.. and this week unpaid.. but i just got a text , work tue and wed.

i replied ok do i get paid for this week..

he replies yes holiday pay.

now i dont want to use my holiday as im off to oz in december ( probally wont be working for him by then but hey ho)

he did say something about redundancies last week.. but nothing more.

i would rather not use my holiday pay and get something set in stone saying he has got to pay me ( not from holiday)

Toby

tobynchloe

jdturk wrote: »

unpaid work, sorry does he mean he is asking you to take holiday pay but to actually come in and work?

sorry i get paid holiday pay if i dont work.. but paid if i do work

Hammyman

tobynchloe wrote: »

i would rather not use my holiday pay and get something set in stone saying he has got to pay me ( not from holiday)

Toby

If you are on salary he has to pay you the fixed amount stated. If you are on hourly rate, he doesn't if you're not at work unless your contract states a minimum or set amount of hours per week. For example, my mate is a lorry driver and is guaranteed a minimum 30hrs per week so if he works less than that he still gets paid the 30hrs.

liney

tobynchloe wrote: »

well i had last week off.. unpaid.. and this week unpaid.. but i just got a text , work tue and wed.. next week?

i replied ok do i get paid for this week.. why would you if you agreed previously it was unpaid (see above)

he replies yes holiday pay.or did you agree to take holiday? see above

now i dont want to use my holiday as im off to oz in december ( probally wont be working for him by then but hey ho)

he did say something about redundancies last week.. but nothing more.

i would rather not use my holiday pay and get something set in stone saying he has got to pay me ( not from holiday)

Toby

If you agree to be "laid off" or it's in your contract that he can lay you off for periods of time, then he doesn't have to pay you anything other that the initial statutory payment. If you do not agree, and it's not in your contract, the company will usually go straight to redundancy proceedure because lay offs are used to stave these off usually.

Your post is very confusing.... but here is a link to rules of "lay off" which I think is what you need. http://www.acas.org.uk/index.aspx?articleid=814

tobynchloe

Sorry I'm dyslexic sounds good when I read it in my eyes.

This company has the hoss and 3 fitters my self and 2 others.
I get paid by the day which is only £50 for a qualified plumber is .... But it's a job and sort pays thr bills ish.

I have not agrees to be laid off but there is only a certain amount of time I can have off unpaid. I have Jude used all my savings to buy. Van and insure it as the company van I did use has Bren used by te other fitter as he can't afford to insure his car because of the pay cuts in January so it leaves me stuck.

What is redudancy what would I get and what would he need to do?

paulwf

OP regardless of what your rights are with the company spend every day that you are laid off looking for other work. You are getting paid a pittance and if you think you are going to be made redundant get something lined up now. Sounds like you have been given 2 days of work in 3 weeks, so getting paid £100...you can't get by on that so get looking.

getmore4less

I am also struggling to understand.

You might find it easier to bullet point rather than try to do it with sentences(I find this easier sometimes).

Start with the contract

1. Does it have minimum hours?
2. Does it have any "lay off" clauses?

This will determine if you can be put on short time and not get paid.
(personal circumstances on what you can afford are not relevent)

3. How are holidays worked out?

There are a number of possble ways the two common ones
The minimum is 5.6 weeks(28 days inc BH) for anyone that normaly does 5 or more days a week
For people on variabe time holidays or mor normaly done prorata based on actual working days/hours.


One thing the boss can do is tell you when to take holiday.

There are rules for this and he should give you notice of twice the amount to be taken.

So the boss may be doing you a favour by asking you to take holiday for days not worked now and getting paid rather than take a day off without pay.

If you work you should get paid and not be using holiday.

If you would prefer to keep the holiday then tell the boss why(holiday booked) and will need time of so if you don't have enough holiday at that time some will need to be unpaid.


Not sure the relevnce of the van, was it in the contract you provide the van, how do you get paid for the use of this?

tobynchloe

iv gt a job lined up and will need a van to travel 360 mile a day

There is nothing in the contract about laying off

I get 17 days holiday a year + bankholidays

i am
moving out from my girlfriends in to our own place he has said he won't be able to up my wages anymore .. In other words he wants ne to leave rather than paying redundancy??

tobynchloe

jdturk wrote: »

If you work full time then you should at the minimum get 20 days plus bank holidays.

You are going to travel 180 miles each way for a job? I admire your want for a job but surely the better thing would be to stay over during the week in a cheap B&B?

sorry 30 miles to and 30 miles home 60 miles a day

getmore4less

tobynchloe wrote: »

iv gt a job lined up and will need a van to travel 360 mile a day

There is nothing in the contract about laying off
Then you should be getting paid

I get 17 days holiday a year + bankholidays
This is below thestatutory minimum
i am
moving out from my girlfriends in to our own place he has said he won't be able to up my wages anymore .. In other words he wants ne to leave rather than paying redundancy??

How long have you been working for this guy?
Redundancy is 1 weeks(capped at £380) pay per full year(depends on age).

If you have something else lined up it might be worth looking at a claim for unpaid wages and holiday to force the redundancy.

You need to talk to ACAS