Advice please from some one who is clued up in employment????

Discussion in 'Lipotrim Forum' started by ChellyWellyBoot, 9 March 2009 Social URL.

  1. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    As most of you know Ive been off for two weeks and 3 days to use up the last of my holidays...

    Well I checked my online banking this morning to find for last week I was only paid £66... I phoned my work and my manager checked my payslip and I was deducted 28 hours.. he went to HR to find out why ad phoned me back to say that I had went over my holiday intitlement...

    I asked how this happened as I was told I had 99 hours left and the time off ive had would mean i still have like 3 hours left to take!

    He said it seems there has been an error in calculating my holiday hours... and Ive basically been told tough luck Ill just have to live with it...
    And I work a line week so it will then mean that on friday I will be paid nothing!!!

    HR create the timesheets... So this has been their error not mine!! I was just going by what I was advised!!!!

    Can some one please help me and tell me where I stand on this???
     
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  3. slimmabum

    slimmabum Full Member

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    Surely someone authorised your holiday and they should have made sure there and then that you were within your entitlement. If it is their fault you should speak to the HR Manager and explain that the fault was theirs and not yours. If they say it was their fault but you have still gone over your hours, you should explain that this will now leave you with no pay (not your fault) and the very least they should do if they won't budge, is to let you pay back the money over, say six months or so, rather than leave you with nothing. If they are still being awkward about it, telephone ACAS (you can get their number from the internet) and they can explain your employment rights to you. They should never have let you have the time off if you were not entitled to it, and the very least they can do would be to let you pay the money back over a period of months. ACAS are very good. Call them before you speak to your HR department and let your HR department know you have spoken to ACAS. Let us know how you get on!!
     
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  4. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    Thank you.. Trying to phone them atm but it is busy
     
  5. charliegirl

    charliegirl Silver Member

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    I agree with slimmabum, they have authorised it and they should not do that if you dont have enough entitlement...therefore they should let you pay it back over a period of time...xx
     
  6. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    I have spoken to Andy at Acas...

    He as advised me to speak to them informally... and if its not resolved then I have to raise a Formal grieveance in writing and keep anything I send to them...

    If it isnt resolved within the 4 weeks then I am intitled to take them to an employment tribunal through the citizens advice bureau, because I was told I had these Holiday hours and i even asked if they were sure I had that many... and was told yes!

    IM SO ANGRY!!!!!
     
  7. Purpleangel

    Purpleangel Silver Member

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    keep all your evidence and perhaps join the union - as they can support you through an employment tribunal.

    And definitely follow Andy's advice as this is the legal way to do it and usually formal grievances are resolved as employees hate tribunals.

    Good luck :)
     
  8. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    We dont have a union... We arent allowed unions in our place, Some one tried to start up a union and got sacked...
     
  9. Purpleangel

    Purpleangel Silver Member

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    thats against the law!

    what sort of company is this?!
     
  10. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    A **** Call center!!!!
     
  11. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    Just Emailed the citizens advice bureau aswell, Tried to phone them but they arent taking any calls til tomorrow... Will phone then aswell tomorrow
     
  12. kered

    kered Gold Member

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    Similar thing happened in my work place and the person who had too many was allowed to pay the money back over a time span, but someone else just volunteered to work extra days to re-pay what had been taken above the entitlement. Maybe this could be another option, could you work an extra shift every couple of weeks?

    Good luck anyway, hopefully you will get it sorted out soon, I am sure HR will see sense and come up with some suitable arrangement for you to repay them without leaving you penniless.
     
  13. Purpleangel

    Purpleangel Silver Member

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    all the more reason to look after staff - its a highly stressful job and they should be looking after you.

    Keep persevering with CAB, they will deffo take your case on.
     
  14. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    Im just sooo annoyed...

    Yeah this is a good idea working extra but I dont know how much longer I am going to be working there as I have a new job lined up in the civil service.. Just waiting for a position
     
  15. fragglerock64

    fragglerock64 Silver Member

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    Hiya sorry to hear about your situation its ilegal to sack someone on the grounds of joining a union, with regards to yourself have a chat with HR as advised then if need be contact ACAS again

    All the best
     
  16. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    Thank you all... Ill be soo annoyed if they actually get away with doing this

    i dont know how the hell it can be allowed
     
  17. Elle-Emm

    Elle-Emm Gold Member

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    i can't add any more info, but i'd suggest that if you have any kind of meeting with HR/boss/whoever - ask to take a friend with you, they *should* let you. (though if they don't allow unions...)

    really good luck - have confidence that you're in the right anyway and go get 'em tiger!
     
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  19. ChellyWellyBoot

    ChellyWellyBoot I will be skinny again!!!

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    Yeah I definatly will!!!

    Thank you all for your help
     
  20. maj3091

    maj3091 It really does work! :)

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    Chelly, did you get it in writing in regards to the hours or was it verbal only?

    Andy's advice is spot on in regards to doing it the correct way. Just some things that may help....

    1. If you've got it in writing, keep it - it will be useful in your "case".
    2. Check if the company has a formal procedure for booking "extra" holidays. Most companies have a procedure that you have to follow for taking excess leave, which normally involves you completing a request form, which then has to be authorised by a member of staff. If you company has this and you didn't complete one, then that's another one in your favour as you shouldn't have been allowed the time off.
    3. Get a copy of your holiday request form (if you haven't already), again it should have been picked up from this if the authorised your holidays and you didn't have enough time.


    Not much else I can add, but Good Luck!!!!
     
  21. slimmabum

    slimmabum Full Member

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    Chelly - let me know how you get on. If you do want to go through the Grievance Procedure I'll help guide you through it. The 'rules' are changing from April, and all firms will have to use the ACAS code. If they don't follow the code then if you go to tribunal and win they will uplift any settlement you get. It is important to keep notes of any meetings. You may also ask your HR for a copy of any notes that they take - be sure to let them know of any errors. If you do go down the formal Grievance route (which let's face it you shouldn't have to unless they are being unreasonable) then at that stage you can take either a work colleague or a union rep with you. Let me know what happens. I'm going to a seminar tomorrow about the new procedures so can give you further info then. Good luck hun!!
     
  22. LovelyLauren

    LovelyLauren My husband = My hero

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    :party0011::party0011::party0011:Chelcie Chelcie Chelcie!!!
     
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