Can an employer dictate how you commute?

Undervalued

Taiko wrote: »

Leave year of January - December, and I believe I had two days carried forward. I believe I've taken 2 days this leave year for appointments, possibly 3. Unfortunately, I cannot access the website that holds all my payslips now, as well as the leave records.

Contract states 24 days a year, so accruing at 2 days/month.

Probably also need to find out about the 6 months of pension contributions paid in and getting those out of there.

One of the other things to come to mind is that they have a private medical insurance in place, as well as a separate scheme where you could reclaim for eye tests, dental appointments etc. I've had a pre-booked dental appointment next week, for which I'd usually be able to get fully reimbursed upon receipt to the scheme provider. Am I right in assuming I could no longer do this?

The legal minimum holiday (assuming you were full time) is 28 days per year.

If your contract allowed for PILON then it could possibly also restrict your entitlement to other employee benefits during that period. If it does not then, technically, they are in breach of contract by not allowing you to work your notice! However, do you really want to pursue this for the sake of maybe fifty quid? You are getting the benefit of being paid without having to work.

I would be tempted to wait until the salary has clear in your bank then by all means send a stroppy letter about the holiday etc and see what happens.

System

As the 28 days can include PHs then the 24 days may be the figure before the extra days for PH so they could, in effect be getting 4 days extra above the statutory minimum

getmore4less

Even if untaxed/NI an employer can keep it all anyway they only have to compensate up to what you would have got net.

Holiday accrual is to the date of termination as it is aways possible to have an employee take the holiday that accrues during the notice in the notice period so there is nothing extra to compensate.

Undervalued

getmore4less wrote: »

Holiday accrual is to the date of termination as it is aways possible to have an employee take the holiday that accrues during the notice in the notice period so there is nothing extra to compensate.

Yes, but only if they can give they can give the required amount of notice for the holiday due. So it depends on how much holiday was owed and the length of the notice period.

As I said earlier, unless written into the contract, technically PILON is a breach of contract on the part of the employer.

Taiko

Exact wording is as follows:

The organisation may make a payment in lieu of notice for all or any part of your notice period on termination of your employment. This provision, which is at the organisation's discretion, applies whether notice to terminate the contract is given by you or by the organisation.

Undervalued

OK but it then depends on whether the other employee benefits are discretionary or a hard and fast contractual entitlement.

My view, given the issues you have experienced, would be to wait until you have the PILON safely banked. See how you feel then and if you are so inclined write demanding everything else you think you are owed.

getmore4less

Undervalued wrote: »

Yes, but only if they can give they can give the required amount of notice for the holiday due. So it depends on how much holiday was owed and the length of the notice period.

As I said earlier, unless written into the contract, technically PILON is a breach of contract on the part of the employer.

Not for any holiday that would accrue in a PILON period(which is what I said) as it is always possible to give the relevent notice but not required as the person gets terminated and the compensation only has to cover what they would have got had they remained in work.

getmore4less

PILON clearly contractual so taxable,

untaken holidays due up to date date of termination.

Taiko

Just because I haven't had chance to update this, I ended up taking legal advice and pursuing the employer, as they did in the end underpay me. After a struggle, and with the threat of a claim, I eventually received further payments.

Sadly spent a short time unemployed, but have been back working hard for 2 months now. Got a job on the first interview I had, although I did find out that they received a negative reference from the last employer. This was counteracted by the reference from the employer before that, who I'd been with for a decade and who knew my new manager in a professional capacity. I saw the reference given, and there was even a part that suggested I was corrupt, which was certainly not the case!

Also pleased to say that I've had no further episodes, and have been in great health since February. Whilst my blood pressure remains low, it's apparently just a natural thing for me. Cardiology have released me, having been satisfied there is nothing wrong, and my GP has no other concerns, and attributes it really to the work environment previously.

Thanks everyone that took the time to help!

shannonhill

This seems to be a very unique situation and interesting too. An employer has every right to take care of occupational health and safety, but your case looks a little pushy.