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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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  • Takeaway_AddictTakeaway_Addict Forumite
    6.5K posts
    Eighth Anniversary 1,000 Posts
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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

    Yes, if they wanted they could make you take it all together in one go
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Takeaway_AddictTakeaway_Addict Forumite
    6.5K posts
    Eighth Anniversary 1,000 Posts
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    2jobs wrote: »
    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
    Yes to holiday but it sounds like he believes u are on a 0 hour contract whereas you think you are on an every saturday for X amount of hours contract. You need to find something in writing to back this up otherwise you may struggle to prove its your way.#

    Also, back to the holiday, if its on your udnerstanding then yes 5.6 weeks pro rata and if its as his way I think you get approx 12.07% of each hour worked as holiday back (check this)
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Hi folks

    Quick reminder on the official CAB threads.

    It's great that so many want to try and help answer questions but we would like to keep the sticky threads as official as possible so please only reply to questions after the official rep has posted their reply.

    This doesn't apply to non sticky threads in the CAB board where any replies you are able to give are appreciated.

    Thanks all


    MSE Wendy
    *** Get the Martin's Money Tips Free E-mail at www.moneysavingexpert.com/tips ***
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Dexie wrote: »
    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 HI 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.

    HI

    In terms fo the issue with the Employers NI contributions suggest that you contact the NI helpline for guidance :

    HM Revenue and Customs National Insurance Helpline for employees and individuals
    Tel: 0845 302 1479 (Monday to Friday from 8.00am to 5.00pm)
    Textphone: 0845 915 3296

    In terms of holiday pay as the result of cases brought by trade
    unions, it is no longer legal for an employer to ‘roll up’ holiday pay by paying a little bit extra throughout theyear. Holiday pay must be paid when the holiday is actually taken.

    Suggest that you arrange to visit your local CAB for help in resolving this issue which is likely to involve raising a grievance in order to try and and sort it out once you have got to the bottom of the NI issue. More info about Agency Workers rights and resolving disputes can be found on the CAB website adviceguide : www.adviceguide.org.uk
    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"
  • dimp81dimp81 Forumite
    108 posts
    Hello

    Hoping someone can help. I resigned from work and gave 4 weeks notice. Managemnt failed to inform payroll and an overpayment was made to myself as I am salaried paid. I am now getting threats from the company that I will have to attend court because of this. I feel this was managements responsibility and I followed procedure. Has anyone got any advice on my next steps to take please.
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • Hi CAB crew,

    Firstly, I apologise in advance for what I do for a living, but it is purely as a stop gap until I get back into a career again (bills need paid). Also, when I started this job, we were there at the very beginning before it all blew up big time, so at the time people were very pleased to get help through me. But now folk can sort everything else for themselves I only do business with those too lazy to do it themselves, or have tried to do so and had no luck, so please.....don't shoot the messenger and help me get what I and my colleagues are due. My story.........

    I work for a scottish company wholly owned by solicitors (but with a different, public name) who specialise in reclaiming payment protection insurance. I meet members of the public and sign them up for the service provided by our solicitors. They pay me a standard payment for each day I work plus a fixed commission for each individual loan, credit card, mortgage, etc, that we discover had PPI (either in their home via a home visit by one of our advisers, or after we carry out a Subject Access Request to the companies involved). My payslip states how many days I have been paid for that month plus how many individual 'leads' I have been paid the fixed commission on. I have my own database of all the people's details and financial products they have told me about - which I will destroy when my employment ends to ensure I satisfy data protection law.

    My question is, as my pay is directly related to my commission, do I have a right to receive a print out of which client and product each individual commission relates to? Obviously one client can have 3 personal loans, 4 credit cards, 3 car finance, caravan finance, double glazing finance, 2 store cards and a catalogue, all of which may have had PPI, so the temptation for the solicitors might be to give me just one commission for that client as they know there is no transparency with the present situation. I can't help but feel I should have information that shows directly who each commission relates to, not least because my commission isn't a percentage of the profit rather it is a fixed pittance even if the loan is for £80,000. I do feel that the solicitors are treading a dangerous path if there is any impropriety on their part, as there would be a paper trail involved (from the details on my database>call logs within days from my office to my clients>paperwork signed by my client during the home visit or via the post>Subject Access Request Form from my solicitors to the financial companies>paperwork from financial companies to both the solicitors and the clients confirming the amount being returned>paperwork from solicitors to client detailing the cost of the legal services). The Data Protection Act would ensure that all computer hard drives - and data within - be kept for 6 years, so there is another aid to transparency.

    My colleagues are also worried about the potential for our solicitors to use us to collect a vast database of profitable clients, only to reclaim a small percentage themseves, giving the rest to partnered solicitors elsewhere we do not know about, therefore the customer gets their money, our solicitors get their money, but we miss out on lots of our entitled commission. How could we prove if such a solicitor-solicitor relationship exists? Calling our clients to ask some questions would take forever, as would visiting them (we each have thousands of people on our database), and clients may not be willing to engage in assisting us through a belief they were overcharged by our solicitors, or they may not remember how many individual loans, credit cards, etc, they were paid out on. Contacting the financial companies would be a no-goer as we are not solicitors nor would we be willing to pay 10 pounds for a Subject Access Request (this isn't far off what our fixed commission is). It is bad enough that we don't get a fixed percentage commission like a proper salesperson gets, and that our fixed commission is tiny relative to the solicitors' profit, but we accept that they are the ones who went through university and also invested the capital required to set the company up, but what is unacceptable is for them to keep any commission due us.

    Our manager used to come round up to about a year and a half ago and show us examples of commissions being paid for the previous month. This would show the name of the client, how many commissions we were being paid because of them, where we met them and when paperwork confirming PPI was seen, but it really was a case of my manager throwing his finger up and down a page for 2 seconds and then, wham, the folder was closed. We were never once given a copy of this paperwork despite many requests. Surely the fact he has shown us commissions paid means a precedent has been set and that he therefore has no reason to refuse to show and give us this information. Lastly, we were all promised that we would receive commission for any friends and relatives of our clients signed up by the company as a direct result of a home visit. How do we go about proving commission due on these people? Relatives living at the same address would be a lot easier to prove, but I guess proving a link to a friend would only be possible through calling each client individually - unless of course information on paperwork or computers in our head office helped, but I don't know the system works.
    Please advise us on our rights, what we should do, and any legal recourse available to us. We are a mixture of PAYE and self-employed.
    Kind regards

    Salesman01

    ps I love the work the CAB do.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Hi

    Quick question:

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

    Thanks

    -Web

    Hi

    The law regarding when you can take your holiday and when the employer can dictate this is specified below on the adviceguide website:

    http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm#can_you_choose_when_to_take_holiday

    This should answer your query
    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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    2jobs wrote: »
    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

    Please follow the link below for information on your rights to holiday which in this situation may be more easily expressed in terms of hours :

    http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm#how_much_paid_holiday_can_you_take

    The issue with not coming in on a saturday depends on the nature of your contract with your employer, generally all employees are entitled to be paid if they are ready and willing to work but their employer has not provided them with any work to do, unless your employment contract says otherwise. If you have no written contract then what was agreed verbally with them will form the express terms of the contract.

    The expenses issue depends on what expenses you are being paid for. Generally you should not be expected to be out of pocket so that you end up bearing the costs from your wages.

    Given the uncertainly and ambiguity over a number of contractual issues you should seek a meeting with them to address the situation assuming you wish to continue working for them
    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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    sharalee99 wrote: »
    I hope I am posting in the right place?
    I have worked for my employer for 5 years. Last September, myself and my colleagues were asked to change our shift pattern, from what we were doing (which was all over the place), to working 12 hour shifts for 4 days, and then 4 days off, and then 4 on again etc.
    Took a bit of getting used to but now I actually quite like it. Only since September, our work load has increased dramatically, and 1 member of staff has left and not been replaced.
    We have all said to our GM that we are all stressed due to this. A lot of the time, none of us get a chance to have any of our entitled breaks during the day, and that we need the staff member replaced that left.
    Now they are saying that they want us to change our shifts again, to jiggle things around as they have no money in the budget to replace said member of staff. They want us to change to 5 x 8.5 hour shifts.
    My contract does not state what hours I must do, just that we will work on a shift basis.
    Can they force us all to change again? Last time, we all had to be in agreement or the majority vote for yay or nay. (There were 2 different shift patterns to choose from, this seemed to be the more popular choice and was voted in), this time it seems there is no choice.
    I am slightly worried, as the GM is like a steam train and just talks over you if you try to reason with her at all.
    Where do we stand if we were to say we'd like to stick with what we've got, even tho we are understaffed?

    I hope all this makes sense, and sorry for the long post!

    HI

    The issue you are posting about concerns a variation to your contract which is a common employment issue.

    Please follow the link below to the CAB website for information on this situation. There is also a very good factsheet on the site that gives more guidance. After you have looked at this and discussed it with your colleagues we would suggest that you all get together and raise a collective grievance. Guidance on how to do this is on the section on resolving employment problems at work.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/contracts_of_employment.htm#changes_to_contracts

    Your local CAB may also be able to help you negotiate with your employer over this issue. If you decide to visit them then please take your contracts of employment with 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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    dimp81 wrote: »
    Hello

    Hoping someone can help. I resigned from work and gave 4 weeks notice. Managemnt failed to inform payroll and an overpayment was made to myself as I am salaried paid. I am now getting threats from the company that I will have to attend court because of this. I feel this was managements responsibility and I followed procedure. Has anyone got any advice on my next steps to take please.

    HI

    In most cases, the employer will be entitled to recover overpayments of wages from an employee. In a very small number of situations, the employer may not be able to legally reclaim an overpayment where:-

    The employer gave the impression that the payment was correct; and the employee could not have reasonably realised that there had been an overpayment; and the employee has 'changed her/his position' as a result of receiving the money. The latter is a complex issue and you would need to get advice in person from your local CAB if you wanted to challenge your employers argument that it should be repaid.

    Alternatively you could seek to repay it over an appropriate period of time based on your financial situation and your employer may be amenable to this if you explain your situation.
    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"
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