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  • FIRST POST
    • Wildcat1990
    • By Wildcat1990 7th Aug 18, 9:25 AM
    • 8Posts
    • 0Thanks
    Wildcat1990
    Can my employer do this?
    • #1
    • 7th Aug 18, 9:25 AM
    Can my employer do this? 7th Aug 18 at 9:25 AM
    Good morning all. Sorry but I have a few questions about my place of employment and hope one of you could give me an answer. I work part time three days a week. 18 hours total.

    Firstly I was hired in February 2017 as an administrator for minimum wage. This became administration, recruitment and social media when my coworker left and my employer didnít want to hire someone else. I was given the tasks but told there was no money to increase pay. I left for all of a week before employer raised my wage to £8 p/h in August. Currently things have changed again.
    Iím now administrator
    Auditor
    Filing
    Recruitment
    Social media
    Policy writer
    Researcher
    Content writer
    Key worker
    Occasional diy expert, cook, cleaner or gardener


    None of this is ever agreed. Itís just assumed I will do it. Iíve said before this isnít on and if they want me doing other roles too then I want the pay to match. For the most part itís been ignored for months except once I was told that ďwe are a small company so everyone must chip in and do their bitĒ (by the office manager whoís in three hours a week and in that time only gets the staff meeting and task list done).
    Can my employer keep adding to my job so she can avoid paying others?


    My second issue regards holiday. I started in February as mentioned above and was always under the impression that my work year ran Feb to Feb. In fact in meetings with office manager she agreed it too.
    I had booked the weeks of 23/7 and 30/7 as holiday which had been approved months ago. The week prior I was signed off by doctor due to mental health. Boss then said I canít have holiday as I have to still claim sick pay (92 per week instead of 144). Iím still off right now and doctor is supportive.
    I looked into legality and boss canít force me to take it as sick.
    Iíve texted her to let her know my ďholiday pay wasnít in last wagesĒ as Iím trying not to accuse her of stiffing me but the response has left me livid.
    Apparently she needs to check with HR if Iím not entitled to it based on days off so far and their company year running July to July. Funny that eh? Suddenly she wants to know my holiday cap and check with HR when previously it was approved. Also the July to July looks rather suspicious. Iíve never been told that before. Funny how that means my holiday would be the last two weeks of the company year.

    Does anyone else find that suss? What can I do?
Page 2
    • Comms69
    • By Comms69 7th Aug 18, 11:29 AM
    • 5,962 Posts
    • 6,235 Thanks
    Comms69
    If you let me know the name of your optician I will order a similar pair of rose tinted spectacles.

    Originally posted by Undervalued
    Ha ha! Should've gone to spec savers!


    I do think that some employers (wont put a % on it) value honesty and morality.
    • kingfisherblue
    • By kingfisherblue 7th Aug 18, 11:34 AM
    • 8,187 Posts
    • 17,761 Thanks
    kingfisherblue
    1. Your job is an administrator. Most of the tasks that you posted are admin jobs.

    2. If you are also a key worker, then presumably you have had an enhanced DBS check. If not, you should not be working directly with vulnerable people. Most admin jobs do not require DBS checks, although some might, due to the confidential issues that you may come across during your work. You wouldn't need a DBS for typing up policies though. Have you had a DBS?

    3. It sounds as though you work for a care agency or similar. If there are any unsafe practices, or any that you suspect may be unsafe, then you have a legal duty to report them to the CQC and the local council Safeguarding team. Even without the legal duty, surely you would have a moral obligation, as unsafe practices could have potentially dangerous effects on service users.



    Please contact your local Safeguarding team to report your concerns. That is by far the most important issue at the moment.
    • Wildcat1990
    • By Wildcat1990 7th Aug 18, 12:11 PM
    • 8 Posts
    • 0 Thanks
    Wildcat1990
    Thank you all. I will report. I believe the company has a whistleblowing policy. I should know after all !!!128540; so worst case scenario (for myself) CQC canít find anything. Best case they do and sort it.

    I did have a read on ACAS regarding holiday during sick leave that said sick pay has to be topped up to holiday pay. It was titled ďwhat should a worker be paid if they take holiday during a period of sick absence?Ē I have a screenshot but no link sadly.



    Finally regarding the cancelling itself, from my research if they want to cancel it I believe they have to give the holiday time as notice. Ie to cancel a three day holiday they have to give three days notice.
    Iíd taken 23/7 to 5/8 as holiday. Iíd nipped in on 27/7 to give the sick note for previous week and thatís when I was informed she would not be allowing it and instead Iíd have to accept sick pay.
    • Wildcat1990
    • By Wildcat1990 7th Aug 18, 12:19 PM
    • 8 Posts
    • 0 Thanks
    Wildcat1990
    Kingfisher I have an enhanced DBS don!!!8217;t worry.
    It!!!8217;s nothing on the care side. It!!!8217;s the documents. She had me in for a huge amount of overtime the days before the last inspection to do some type ups and I!!!8217;m starting to worry that the stuff I typed was then dated differently and potentially fraudulently signed to ensure audits were up to date (wasn!!!8217;t my role back then) and it looked like reviews had been done. I!!!8217;m scared I!!!8217;ll be penalised for not saying anything sooner when really it!!!8217;s something I!!!8217;ve been thinking about more and more as times gone on.
    Plus also the thought that I had to do overtime in the double figures over two days prior to an inspection also makes me question things. If I!!!8217;d refused to do overtime would the inspection have passed? Doubtful.
    • sangie595
    • By sangie595 7th Aug 18, 12:23 PM
    • 5,702 Posts
    • 9,946 Thanks
    sangie595
    I believe you have misread that. That advice would be correct if you were already on sick leave and wished to take holiday- so usually for the long term sick. It doesn't apply to your circumstances. You have definitely misread the issue around canceling leave. The employer hasn't canceled leave at all. You effectively did, by handing in a sick note that covered that period. They could have, and might still, choose to pay the holiday pay, with your agreement- but they did not have to. As in the article I have quoted above.
    • Dox
    • By Dox 7th Aug 18, 4:13 PM
    • 1,030 Posts
    • 803 Thanks
    Dox
    Wildcat - you seem to think that you have been given all this extra work on top of what had been your original job description. You haven't - it's just that your job description has been widened.

    Unless you have more than one pair of hands you can only do one job at a time. You just need to prioritise your daily tasks, and concentrate on the most important ones. If your boss asks you why you haven't done X, then say that that you haven't done X because you had been busy dealing with the more urgent Y.

    If he/she has a problem with that, then it's time to move on. As someone has already pointed out, all this experience is giving you a cracking CV.
    Originally posted by Silvertabby
    Agree with all the above, but perhaps I could add one further thought. If you can't get through all you have been given to do, ask your boss how she would like the tasks prioritised, because you'd like to ensure that the things she feels are most pressing are done first(!).
    • Wildcat1990
    • By Wildcat1990 7th Aug 18, 4:33 PM
    • 8 Posts
    • 0 Thanks
    Wildcat1990
    She wants them all done at once haha.
    As for the holiday the sick note covered the week before. Not the time of the holiday. My issue there is she!!!8217;s telling me during my holiday that I now have to get a sick note for that too as I was off with one the week prior.

    Apologies I was rambling before I was frightened.

    I!!!8217;m looking now at what I can control.

    The holiday she cannot go back on after it had already started.
    I can ring Cqc with my concerns.
    I!!!8217;m looking into support now in leaving without being penalised by universal credit. The sick leave was due to mental health so I feel I should not be working with someone with mental illness when my own is fragile.


    So rather than focus on all the worries I!!!8217;m looking at the points that I can do something about.
    • sangie595
    • By sangie595 7th Aug 18, 5:19 PM
    • 5,702 Posts
    • 9,946 Thanks
    sangie595
    If it is your companies policy that you must return to work before holiday starts, then she most certainly can "go back on it"- such a policy is quite common and perfectly lawful. It's hardly unusual for employees to become sick before or after a holiday, and employers don't trust such illness.

    I can see no evidence whatsoever that your boss has a mental illness, and this is the first you have mentioned it. I am going to reiterate that I can see absolutely nothing at all here that is unlawful or wrong at this moment in time. It seems that all she had asked you to do is to work; and that she needs to check the holiday position with HR. Nor have you evidenced that there is any abuse or irregularities of clients - "what if I hadn't worked overtime?" isn't, and nor is backdating a couple of documents.

    To be perfectly honest, you are making serious allegations over things that appear to be nothing, complaining about your workload, and complaining that she wants to talk to HR to check the situation. Right now she's sounding perfectly reasonable. You are not!

    If you don't like the workload or the pay, do what everyone else must do and get a better job. Unless you have something that actually is serious, don't make spurious complaints about the employers conduct or you may find that really does rebound on you. And ask her if she had spoken to HR and what they have said. At this moment in time it doesn't appear that there is anything to go on - what you "don't like" and what is unlawful are different things, and there a lot of the former and little of the latter being evidenced right now. Maybe when you get a response from HR there's more advice we could offer. But right now I'm at a loss to see what you can realistically expect.
    • clairec79
    • By clairec79 7th Aug 18, 5:29 PM
    • 2,428 Posts
    • 6,380 Thanks
    clairec79
    Were you off sick, then two weeks leave and then straight back off sick again?

    Because if so then I can see their point in that you were in fact sick for the period inbetween

    If you were off sick, then went on leave then came back to work not so much (but did you contact them to tell them you were no longer sick)
    • ohreally
    • By ohreally 7th Aug 18, 6:32 PM
    • 6,857 Posts
    • 5,393 Thanks
    ohreally
    You're off sick and therefore on sick leave until your GP signs you fit to return.
    • Savvy_Sue
    • By Savvy_Sue 7th Aug 18, 8:29 PM
    • 39,259 Posts
    • 36,224 Thanks
    Savvy_Sue
    to be fair, I read the situation as the OP is expected to provide some kind of care / keywork for someone with a mental illness, rather than them saying the boss has a mental illness.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats, 2 balaclavas for seamen, 1 balaclava for myself, multiple poppies, 3 peony flowers, 4 butterflies ...
    Current projects: ready to decrease / decreasing on all parts of the mohair cardigan pattern! but moved onto wrist warmers for friends at Christmas ...
    • Wildcat1990
    • By Wildcat1990 8th Aug 18, 10:52 AM
    • 8 Posts
    • 0 Thanks
    Wildcat1990
    Sue that!!!8217;s right. I!!!8217;m a key worker. I can!!!8217;t say more than that due to confidentiality.

    I was signed off sick for that one week.
    Then had two weeks holiday. During this time was payday. I saw her the day of payday and she said I could no longer have it as holiday. At that point I hadn!!!8217;t said I!!!8217;d be off longer.

    And there!!!8217;s no policy about having to return after sickness before holiday. I!!!8217;d know as I wrote them to her request.
    She knows it was real because A) I had a sick note and B) there was physical evidence of a breakdown.

    My issue isn!!!8217;t there. My issue is the fact I!!!8217;ve asked for EIGHTEEN MONTHS about holiday entitlement etc. Weekly. Asked weekly. Someone do the maths and tell me how many weeks that is.
    I!!!8217;ve never heard about the July work year thing. Seems no one in the company has from looking.

    So yes I find it highly suspicious that after 18 months of my holidays running Feb to Feb they now magically don!!!8217;t and it sits at the end of the work year...
    • sangie595
    • By sangie595 8th Aug 18, 11:10 AM
    • 5,702 Posts
    • 9,946 Thanks
    sangie595
    I think the point that your are missing is "so what"? You are getting this over complicated by throwing in the kitchen sink, and that is simply confusing everyone here!

    You wish to know what your holiday entitlement is? "Dear HR Department, please could you confirm my holiday entitlement. I have asked my manager but she doesn't appear to know the answer". You want to know what is happening regarding payment? "Dear Manager, as your are aware, there had been some confusion about my holiday pay and sick leave which yippy said you would clarify with HR. Can you please let me know the outcome of this as soon as possible. Thank you."

    I still don't understand the issue with when the holiday year runs - but what you assumed, and what it is, are not the same thing. However, if you really want to know... "Dear HR Department, I am confused about the holiday year. Could you please tell me when the holiday year runs from. Thank you."

    The thing is that what you are doing is providing us with minimal information, which could be interpreted in any one of hundreds of ways depending on what your employer does. I know you aren't doing that on purpose, but all it is doing is is leaving us trying to guess which of a dozen or more scenarios might be the case, and when we try to do that you tell us no, that isn't the case!

    So it seems that you have two options. The first is that you ask for the information, and if that doesn't explain things you bring the explanation back here so that we can try to understand it. Or you submit a formal grievance. If you are going to do the latter, make it short, direct and relevant.
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