This is a Journal entry by ismarah - fuelled by M&Ms

Now, is this legal?

Post 1

ismarah - fuelled by M&Ms

Right, for complicated reasons, the company I work for are threatening to cancel my holiday in June that was signed off earlier in the week. Or trying to pressure me into agreeing to cancel it myself. smiley - grrsmiley - grrsmiley - headhurts

Now, the holiday was planned at that particular time for several reasons and I am not at all inclined to change it. I do understand their point of view, that they can't pull of that particular project without me, but fox em, is how I see it. They've screwed me over somewhat since I started there, most notably by not paying overtime until January this year, and while £2k isn't a huge amount, I wouldn't just piss it away either.

They signed it off and after that it's not my problem, although I am always careful to take a photocopy of all forms that are signed off, holiday, expenses, overtime, etc.

So, I've stuck to my guns and made my new boss look at me askance. He does this annoying thing of shrugging his shoulders in a kind of 'what can I do?' helpless way that is so fake and untrue that it's not even funny.

The question remains, is what they are trying to do legal? Can they do it and have a leg to stand on? Can I say no and make it stick? Etc.


Now, is this legal?

Post 2

kelli - ran 2 miles a day for 2012, aiming for the same for 2013

No idea on the subject I'm afraid, but I'll do some fist shaking at your boss in sympathy if you like?


Now, is this legal?

Post 3

Fizzymouse- no place like home


I think it depends a lot on your contract - and that doesn't seem airtight if they were able to screw you for your overtime payments.smiley - erm

I would say that you have every right to take you hols when they have been agreed by the company - in writing. It may cost your job if you do so, but you would win a tribunal - I think.smiley - ok

I guess you'll be the one to know if it's worth it.smiley - goodluck


smiley - mouse


Now, is this legal?

Post 4

ismarah - fuelled by M&Ms

Fist shaking and tribunals are starting to sound good at this point, I can tell you.

I know it's risking my job, but by golly, it's my birthday, it's my holiday and i wanna go smiley - wah

So, we'll see. Last thing I said to new boss on Friday as we left the office for our respective, yet glamorous destinations (Dubai vs. Hampshire) was that as he had not discussed this with me further, I would continue to assume that the holiday was on. He did the pretend-innocent shrugging thing again and said he'd be in touch.

So I'm all smiley - grr and waiting for his call. Man, I hate waiting on men!


Now, is this legal?

Post 5

Fizzymouse- no place like home


Let us know how you get on ..... I hope it all works out ok.smiley - goodluck



smiley - mouse


Now, is this legal?

Post 6

ismarah - fuelled by M&Ms

Well, the company ignored the whole thing until today, when I pressured them again.

And new boss caved! Amazing but true and my fabulous holiday is still on. I did check the CAB position and stuff and felt a bit surer of my ground when arguing the toss, which helped.

Now, I just need to start smiley - run everywhere to look decent in my bikini and so on. Yippee smiley - ok

Bought myself a personalised T-shirt. Got the idea from runners world, so it's not even that original, but it's a plain white jobbie, with a big red 'L' on it, for learner runner. Idea was that it would make me feel less stupid for being bad at it and maybe make people smile when they zoom past me.

Bought a funky black 'Transformers' T for hubby as a surprise. He's one of the few, products of the 80s, that are waiting with bated breath for the live action movie. Well, him and Elias from Clerks II
smiley - laugh

cheerssmiley - discoismarah


Now, is this legal?

Post 7

Fizzymouse- no place like home



smiley - applause

Well done, you deserve it, you worked for it and you shal have it. smiley - bubbly



smiley - mouse


Now, is this legal?

Post 8

psychocandy-moderation team leader

Congrats on standing your ground and getting that much-deserved vacation! I wasn't sure what the laws were over there... over here, where we have at will employment, an employer can cancel an employee's vacation without much notice... though perhaps not many *would* do it.


Now, is this legal?

Post 9

ismarah - fuelled by M&Ms

Had another smiley - grr moment yesterday.

Got my paycheck - fine.
Got my first overtime payment - fine.

Asked the payroll chap about the overtime rates - something I've been asking the useless bint HR person for months (her middle name is 'I'll get back to you') - NOT fine

Apparently, unless otherwise stipulated, the payroll chap pays your overtime at the same rate as your basic pay, except to the people who know this and therefore add the phrase 'x 1.5' or similart to the form

This is the thing that I loathe about this company - they try as hard as they can to not provide you with any information because then you can't claim anything that might cost them money. And getting an answer from them on the woolly bits is nigh on impossible.

Company handbook most used phrase is 'consult your line manager' and runner up is 'at the company's discretion'

Of course the line manager is given the same fox-all information as you and can't help you. Then if they consult with their manager or the md, they're discouraged from giving anything away!

My overtime is a brilliant example. My scheduled working week is 36.25 hrs. Based on the hours I do daily, that time is up on Fridays at 13.00 / 1pm if you sit down and do the maths. However, when I was interviewed, all through my induction and so on, they stated that I was simply 'lucky enough' to have every other Friday off as my colleague would cover for me, same as I would do for her. No mention of the word overtime or anything.

Then the one time I did claim overtime, as directed by the manager of a particular project that required the 'task force' to come in on a Saturday, it took several weeks, two froms (one got 'lost') and two managers to sign it off! The only reason that got signed off was because my old boss was leaving and on his last day thought 'sod it' and signed!

Barstewards, the lot of them. I give myself 12 months or so here, then I'm off on my grand scheme / evil plan.

cheerssmiley - discoismarah


Now, is this legal?

Post 10

ismarah - fuelled by M&Ms

Sorry, forgot to say that I did stir up trouble about that one, I can tell you!

If it was company policy to pay overtime at your normal rate, that's one thing, but I have concrete evidence that it's not and that other departments are paid more.

So I started a bit of shouting, contacted my line manager and am now waiting for the fur to start flying.

The guy I asked to clarify things, the payroll chappie, then went to the HR person, middle name 'I'll get back to you', and she's gone to the MD and will, obviously 'get back to me'.

Payroll chappie maintains that he's been arguing this point for years and so has the HR person, but they can't have been arguing it that hard if a bit of a strop from me and a bit of shouting will do the job!

Although we'll see if it actually does. Marvellous the way 'problems' disappear if you ignore them, isn't it?

cheerssmiley - discoismarah


Now, is this legal?

Post 11

kelli - ran 2 miles a day for 2012, aiming for the same for 2013

I'm surprised you're willing to give them a year! Unless you are getting something else out of it that is.

I think *all* HR people have a middle name of 'we'll get back to you'. I'm on my maternity leave now, and yet they haven't been able to tell me how much I am actually going to get paid smiley - cross


Now, is this legal?

Post 12

ismarah - fuelled by M&Ms

My nearest colleague is finding that - she's due in May.

She knows how much they'll be paying her - the statutory minimum. Never mind that she's worked here 6 years. She gathered loads of information and stated her case, that the company should change their policy as they haven't had a permanent member of staff become pregnant in a very long time. She did this as soon as she found out she was pregnant, in August. This was still not enough time for the company and the HR person to assess the case and make a decision. After all, they've only had 6 months.

Last one from them is that her proposed ante-natal classes in her area are on Friday mornings, but her boss (male, two kids) said that as _his_ were in the evening, she should also go in the evening.

Think she listened to him and then said nuh uh, not gonna happen.

I guess I'm staying for another year or so as I haven't been that lucky with employers in the UK and it's taken me a long time to find anything other than temp work. The longer I stay here, the better it looks on my CV. Plus, it's better paid than temp work and while it is frustrating, it's good to sort out debts and stuff that accumulate when you're paid by the hour at a low rate. Plus, I really do want to do something drastically different and think I might be all prepped and ready for it by then..

Now, if only I can make it out of here with a clean criminal record

cheerssmiley - discoismarah


Now, is this legal?

Post 13

psychocandy-moderation team leader

Wow, paid maternity leave?! I have some friends who'd be insanely jealous- one of my faorite coworkers took maternity leave last May through August, and the only pay she got was whatever vacation and sick time she hadn't already used, which was about 10 days total.

Ismarah, it seems like your company has some fairly sketchy policies. I used to work for a crappy start-up, for a very short period of time, and the jerk who owned the place used to find every possible excuse not to pay his employees. He docked me a day's pay for jury duty! As if I had the option not to report. Some people can be such pigs.

I hope you get it all sorted soon. Do you have a government agency which handles unpaid wages? If they take too long to "get back to you", you may be justified in filing a claim. I had to file a claim against start-up-jerk for eight weeks' wages. You're entitled to be paid for the time you've worked.


Now, is this legal?

Post 14

ismarah - fuelled by M&Ms

Result!

The board met on Thursday and agreed to pay overtime as time x 1.5 as of April 1st!

Bod knows how long other people have been harping on about this, or at all, but apparently it's now sorted. Cue lots of happy people with their new overtime payments.

was it something I said? nah, can't be. probably new boss. he's german and very professional.

cheerssmiley - discoismarah wanders off smiley - musicalnote i shot the sherrrriiiiifffff smiley - musicalnote


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