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Basic rights at work & Redundancy

edited 30 November -1 at 12:00AM in Basic rights at work & Redundancy
174 replies 119.9K views
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  • suestewsuestew Forumite
    334 posts
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    Hi, how do you handle it with HR if you are not happy with the package? Are you within your rights to haggle and if so what are the right questions or arguments to put forward?

    Appreciate your help.
  • Hello!

    I took voluntary redundancy from the civil service on 30 September 2011. On 1 October 2012, I received a letter from Capita Hartshead stating the following:

    "Following receipt of a revised award from your rewarding dept...have to advise you that an overpayment has occurred with regards to the amount of lump sum compensation you have received.

    "As we are the Paying Authority, we are not party to the calculations that the awarding department have undertaken...I suggest that you contact your awarding department direct to ascertain the reasons."

    The letter then goes on to request the repayment by cheque.

    Before I contact the 'Awarding Department', can I clarify whether I can refuse to repay the amount on the grounds that the lump sum I was originally quoted formed the basis upon which I agreed to accept voluntary redundancy?

    Additionally, I received a further small payout following a pay uplift (backdated to July 2011) in November 2011. I also feel I can argue that I had a reasonable expectation of receiving this extra lump sum amount, as this would have been included in my original quote had the pay uplift been in place on schedule in July 2011.

    Grateful for any advice

    DelBats
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    suestew wrote: »
    Hi, how do you handle it with HR if you are not happy with the package? Are you within your rights to haggle and if so what are the right questions or arguments to put forward?

    Appreciate your help.

    This is probably more appropriate if an employer is inviting voluntary redundancies but if someone is facing being selected for redundancy then there is nothing to stop them from haggling, since the employer can only say no and at the end of the day do not have to give more than the statutory minimum or what is in the contract.

    That said if the employer is open to negotiation especially if voluntary redundancies are being sought then the sorts of things to consider stressing are :

    Good work record, attendance , record of good apprasials, general dedictation , past loyality to company, length of service . how flexible you have been as an employee, positive customer feedback, testimonals etc

    If you are in a union they could also potentially help negotiate for you.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • I work in a bar part-time and mostly work three nights, but not always the same amount of days or hours. How should holiday pay be worked out?

    In my contract it simply says pay is worked out on average last 12 weeks. I am told that as I mostly work 3 days this is my normal week even tho this is not mentioned in my contract.

    I had been working extra days in the last 12 weeks prior to my holiday but this was not reflected in my holiday pay. Is this right? The extra days worked are being taken into account when dividing my weekly average pay, (e.g ave weekly wage over last 12 week is £100 but because i may have worked more than the 3 days some weeks it might be average 3.5 days. So 100 / 3.5 = 28.57 X 3 = 85.71 (even though my average was £100)) but yet I am receiving no extra holidays as a result of extra days worked.

    Also my contract says holiday entitlement is worked out pro-rata, inclusive of bank holidays. I usually work 3 days but not always the same hours or days. I am told 3 days is is my normal week so i get 12 days holiday (3x4). I have seen tho that pro-rata is days x 5.6, which is 16.8. Is this right? There is 8 listed public/bank holidays in my contract but in a bar I'm normally required to work bank holidays anyway.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Thehammer wrote: »
    I work in a bar part-time and mostly work three nights, but not always the same amount of days or hours. How should holiday pay be worked out?

    In my contract it simply says pay is worked out on average last 12 weeks. I am told that as I mostly work 3 days this is my normal week even tho this is not mentioned in my contract.

    I had been working extra days in the last 12 weeks prior to my holiday but this was not reflected in my holiday pay. Is this right? The extra days worked are being taken into account when dividing my weekly average pay, (e.g ave weekly wage over last 12 week is £100 but because i may have worked more than the 3 days some weeks it might be average 3.5 days. So 100 / 3.5 = 28.57 X 3 = 85.71 (even though my average was £100)) but yet I am receiving no extra holidays as a result of extra days worked.

    Also my contract says holiday entitlement is worked out pro-rata, inclusive of bank holidays. I usually work 3 days but not always the same hours or days. I am told 3 days is is my normal week so i get 12 days holiday (3x4). I have seen tho that pro-rata is days x 5.6, which is 16.8. Is this right? There is 8 listed public/bank holidays in my contract but in a bar I'm normally required to work bank holidays anyway.

    HI

    For leave years beginning on or after 1 April 2009 the holiday entitlement is 5.6 weeks and as you have stated in your case this includes bank holiday entitlement. If you have to work bank holidays then you should still be allowed a total of 5.6 weeks off over the whole of a leave year.

    A week’s holiday should be equivalent to a worker's normal working week but in the case of someone whose hours vary this can be tricky to work out .However in this case it may be easier to calculate holiday entitlement that accrues as hours that are worked.
    The Business Link website has an online calculator to help with the calculation of holiday pay. It can be found at www.businesslink.gov.uk. There is also guidance on how to calculate holiday for workers who work irregular hours on the Business Link website at www.businesslink.gov.uk.

    Holiday pay is paid at the rate of a normal week's pay for each week of leave. In your case a normal week's pay is the average net hourly rate of pay multiplied by an average of the normal weekly working hours over the previous twelve weeks.
    Please visit your local Bureau taking your contract of employment if you need further clarification. Suggest that you keep a record of all the hours you work each leave year.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • DexieDexie Forumite
    4 posts
    I have posted the below on the Employment forum and received no replies, so am hoping that you can help.

    My boyfriend has been working for a local authority since February this year through an agency. He is paid through an umbrella company and was not given any choice in this matter. He does not benefit substantially from this arrangement, as any small tax saving is offset by the payroll admin fee charged by the umbrella company.

    After twelve weeks he became aware that under the AWR he was entitled to pay and benefits the equivalent of a permanent employee. He was advised that the equivalent rate was £16.67, a rate substantially higher than the starting rate. Following months of pushing, the agency implemented the increase and backdated it to the 13th week of the assignment, but they only increased it to £13.38 rather than the £16.67 advised by the council. After some pestering, they stated that their reasoning for this is that, because he is paid through an umbrella company, he is liable for his own Employer’s NICs and in the absence of what they call ‘agency uplift’, which I assume is an extra fee that they expect the council to pay, this cost is to be deducted from his wage.

    In addition to this, his holiday has been rolled up with his basic rate i.e. the rate of £13.38 is separated out into basic of £11.94 and holiday pay of £1.44.

    As far as I can see he is not getting equivalence with a permanent employee on two counts: 1) he is not receiving the full basic rate of £16.67 as he has been made liable for Employers NIC and 2) he is effectively not getting holiday pay as it is being rolled up into his basic rate.

    Does he have a claim against the agency or have we misunderstood what AWR means? And does anyone have any advice on how he should go about resolving this? The agency seem to be pretty intransigent, and the council are backing up the agency's stance, saying that the rate of £16.67 should only be paid if he sets himself up as a limited company.

    Thanks in advance for any help.
  • webmasterpolowebmasterpolo Forumite
    672 posts
    Part of the Furniture 500 Posts Combo Breaker
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    Hi

    Quick question:

    Is it legal to insist that an employee takes 2 weeks holiday together during the year?

    Thanks

    -Web
    Sense is not common.
  • 2jobs2jobs Forumite
    11 posts
    Hi
    I work for and independant estate agents on Saturdays For the last 18 months). I was never given a contract but I do get a payslip each month and I know the HMRC are aware I am working for them.
    MY questions are:

    am I entitled to holiday pay, the owner seems to think I am not. If so how much, I have seen a figure of 5.6 your normal week Could I then be entitled to 5.6 Saturdays of as holiday?

    He also has the view that if a Saturday is not busy he can just tell me not to come in and he doesn't have to pay me. Can he do that?

    When I took the job he knew I was working for another agent at the time and I was getting 40p a mile expenses. He didn't actually tell me what I would be getting for expenses but when I had started he then told me it was 50p per hour. I appreciate it was niave of me to start the job without getting a contact off him but is this sort of expenses payment within the law
    Many thanks for your time:T
  • Hi

    I have been informed that I will be made redundant at the the end of the year and my responsibilities are being handed over to someone else. That person is already doing another role in a position a grade above me. When I become redundant the two roles will merge.

    The other party has been told they have this job - that essentially its just them continuing with their current job with some added responsibilities - but you could argue that this is effectively a new job, as far as I see it, with a new title and job description. I have not been given any opportunity to apply for it. Is that right?


    being merged with another one responsibilities are being given to someone who is a grade above me who will the
  • anamenottakenanamenottaken Forumite
    4.2K posts
    Part of the Furniture 1,000 Posts Combo Breaker
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    stu20001 wrote: »
    Hi

    I have been informed that I will be made redundant at the the end of the year and my responsibilities are being handed over to someone else. That person is already doing another role in a position a grade above me. When I become redundant the two roles will merge.

    The other party has been told they have this job - that essentially its just them continuing with their current job with some added responsibilities - but you could argue that this is effectively a new job, as far as I see it, with a new title and job description. I have not been given any opportunity to apply for it. Is that right?


    being merged with another one responsibilities are being given to someone who is a grade above me who will the

    Are you actually capable of doing the "merged" job?

    Presumably the other person is a grade above you for a reason.

    It's not so much the job (as in "my" job and "their job") as the work which the employer needs to have done which should be considered.
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