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You're a clued up sort of guy.
Secretly Not Here Any More Started conversation Jan 9, 2008
I've been working for this company since August last year, no union or anything, as a junior copywriter.
When I applied, I made them aware that I had a 5 day holiday to Moscow booked, and needed a day off for my graduation. These holidays were duly signed off. Over Christmas, we had to take two days mandatory holiday as the company was shut, which took me over the number of days that I'd accrued (which had gone on the 6 days used above). As such, I'm being docked two days pay:
"Andy,
Due to starting late in the year and taking a few days off, you've gone over your entitlement by 2 days last year.
As you've actually taken holidays we can't give you the option to carry them over, so you will be deducted 2 days pay.
Sorry for the late notice."
Bearing in mind they knew about the days I'd have to take off (including the two mandatory) BEFORE I started, are they allowed to just dock my wages? Shouldn't they have told me that two of the six days I used to go on holiday and to my graduation would have to be unpaid?
I'm not too bothered about the money, but I feel like I've been screwed over. What's your professional opinion of all this?
You're a clued up sort of guy.
Ferrettbadger. The Renegade Master Posted Jan 9, 2008
Right this is complicated. First things first if you started in August and your leave year fruns from 01 Jan to 31 December (that right?) then you will have accrued at least 6 and 2/3 days as a statatury minimum. So they need to at the very least credit you with 2/3 of a day.
What was your date of employment?
What is the leave year?
When are they planning to deduct the money?
You're a clued up sort of guy.
Secretly Not Here Any More Posted Jan 9, 2008
Started employment August 13th,
Leave year runs from 01 Jan to 31 Dec
Planning to take the money out of my next pay (December's pay, going in on Jan 11th)
Cheers FB, thought you'd know more about it than me!
You're a clued up sort of guy.
Ferrettbadger. The Renegade Master Posted Jan 9, 2008
ok well everyone is entitled in law to 4 weeks paid leave, so that is usually (if you work 5 days a week) 20 days.
So someone on minimum leave entitlement accrues about 1.6 days a month. That means you have probably accrued about 7 days (by my reckoning).
I should say the maximum they can take off you would be a day. Now as to the deduction it would (unfortunately) deffo be lawful. However my advice to you is to negotiate this with them. Explain that this is something of an oversight, but that you are prepared to make some movement.
I would suggest to them that a fairer solution would be allow you to "bring forward" a day from next years leave rather than being deducted pay. Generally most reasonable employers would probably look at something like that.
Lastly don't tell them that you spoke to a Union typee, rthat tends to worry employers. If you have to say where you got the advice from just say you phoned ACAS.
Good luck duder!
You're a clued up sort of guy.
Secretly Not Here Any More Posted Jan 10, 2008
You're a superstar! I'll have a word with my manager, he's an alright sort of bloke.
You're a clued up sort of guy.
Ferrettbadger. The Renegade Master Posted Jan 10, 2008
No worries, tell me how it went.
You're a clued up sort of guy.
Secretly Not Here Any More Posted Jan 10, 2008
"We'll take your suggestions into account, and we're changing the holiday system over Christmas to stop things like this happening."
Which isn't a bad result I suppose.
You're a clued up sort of guy.
Ferrettbadger. The Renegade Master Posted Jan 10, 2008
Indeed not.
It can alsways cause a bit of complication when there are "compulsary" leave days that everyone has to take. Hope it all works out for the best!
FB
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You're a clued up sort of guy.
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