some advice thoughts if you dont mind?

chloo

hello

i have already posted this on the employment forum but had only 2 replies in 3 and a bit hours so was wondering if anyone else had any ideas!

i was employeed on a maternity cover contract due to finish on the 31st of december 2011 instead i got a new job and my finishing date was 17th of december 2011.

(this date was totally fine as the shop i was working in was closing down on the 16th of december.)

i was offered a perminant position with the compnay but after viewing the shop and the staff i could of been working at i felt that it wasnt for me.

i got paid each month on the 25th so the pay was from the 25th of each month to the 24th of the folowing.

so for decembers pay which i received today (as its xmas) i got paid from the shifts i worked on the 25th of november to the 17th of december.

the basic pay is totally right
but i have been deducted about half for 2 reasons it seems...
1 is sick i had 4 days of sick over seperate weeks i had a drs note as i had an asthma attack and got taken to hospital and it was quite severe.

so i have had a deduction of £53.18 which equates to 8.83 hrs? a working day is 7.5 hrs with a 1 hours unpaid lunch break.
this is very stange as you can self certificate for 7 days anyway.
should they of deducted this from me?

2 is holiday pay. they have deducted 94.50 which is 15.75 hours?!!!!
in the contract that i was given it says 22 days holiday prorarted so i worked 3 days per week this means i should get 9 days and 1.87 hrs holiday. so call it 9 days holiday. or 69.37 hrs holiday.

during the time i worked for the company my contract was upped and i worked an aditional day for 3 months so i would of done 4 days per week for say 12 weeks this would of ment i was entiteled to more holiday? i would say an aditional 3 days?

i took a totaly of ten days holiday as i was told by my managed that i was given 99 hrs holiday. this was online where the payslips came into.

also on my contact it says i should receive payment of £7020 and i got my final payslip through the post saying pay to date is £6030.88 this means i should of been paid an aditianal £980?

i apreciate that i should of worked another 7 shifts at 7.5 hrs each which would of earnt me another £315 that still leaved me £665 short of what was said in the contract?

that contract was based on 3 days and not the 4 that it was upped to. so this total pay incuded the aditianal 12 days at 7.5 hrs i worked.

what can i do?

i feel i am owed the sick pay back?
the holiday entitlement back plus an aditianl day and a half?
and the general saleray seems wrong?


thank you any help is massively appreciated!

mountainofdebt

Well if the company only paid SSP and not full pay when you were sick, the first 3 days (known as qualifying days) are without pay and I think SSP is only about £70 per week (regardless of what your normal salary is) so that would mean for the 1 day you'd get about £14.

As for the holiday it depends on when the holiday year run from and when you started work at the company.

Also is the pay to date the gross (ie without tax taken off) or net (ie with the tax taken off?)

jakes-mum

Does your 22 days holiday include bank holidays? and did you take 10 days holiday as well as the bank holidays? I've been out of work a couple of years so am unsure of the minimum holiday entitlement anymore hence the question.

Humphrey10

jakes-mum wrote: »

I've been out of work a couple of years so am unsure of the minimum holiday entitlement anymore hence the question.

5.6 weeks. So 28 days if you work 5 days a week.
Ignore bank holidays, you have no legal right to have them off work.
Your employer can however force you to take a day of annual leave on bank holidays, or any other day for that matter.

For more info: http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/index.htm

jakes-mum

ah thank you humphrey, I knew someone would be able to tell me I was wondering if the holiday the OP has taken did not include any bank holidays that he/she may have been forced to take as holiday and thats how he/shes gone over the holiday entitlement. Its very late, I think im confusing myself here

Humphrey10

jakes-mum wrote: »

I was wondering if the holiday the OP has taken did not include any bank holidays that he/she may have been forced to take as holiday and thats how he/shes gone over the holiday entitlement. Its very late, I think im confusing myself here

Possibly. Even though legally the employer has to give 28 days that doesn't mean they won't try and get away with less.

Working this stuff out can be less than straightforward. With any questions I have like these, re: pay or deductions or holiday, I just ring my union, after all I do pay them a subscription, they should work for it!

chloo

mountainofdebt wrote: »

Well if the company only paid SSP and not full pay when you were sick, the first 3 days (known as qualifying days) are without pay and I think SSP is only about £70 per week (regardless of what your normal salary is) so that would mean for the 1 day you'd get about £14.

in my contract is says full pay after 6 months :S i have been there over 6 months

As for the holiday it depends on when the holiday year run from and when you started work at the company.

Also is the pay to date the gross (ie without tax taken off) or net (ie with the tax taken off?)

the pay is gross and this is plus commission!!! plus the extra 12 days worked!! and its almost a grand short!!!!!!! crazy stuff!!! thank you for your reply

what do i do now? should i go to cab?

thanks for all your replies

mildred1978

chloo wrote: »

the pay is gross and this is plus commission!!! plus the extra 12 days worked!! and its almost a grand short!!!!!!! crazy stuff!!! thank you for your reply

what do i do now? should i go to cab?

thanks for all your replies

How do you know you are a grand short? There are lots of figures and questions based on what you've posted! I'm trying to unravel it on the other thread but it seems you've already worked it all out!

BitterAndTwisted

NO, you don''t go to CAB! You phone them up and ask them to explain what all the deductions are and how they arrived at the figures first. They may not be shyster crooks ( I know, I know) and the commission could be paid a month in arrears, so you may get a payment at the end of January.

BitterAndTwisted

Where have the extra 12 days worked come from when you left before the end of the pay period? My brain hurts

chloo

mildred1978 wrote: »

How do you know you are a grand short? There are lots of figures and questions based on what you've posted! I'm trying to unravel it on the other thread but it seems you've already worked it all out!

mildred my contarct says for the time i worked i should receive a salery of £7020 i have received £6030.88 and during this time i work the 3 months at one day extra a week and that figure includes commission which the £7020 doesnt im so confused!!! thank you for your help! xx