This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

In brief Employer makes statement regarding underpaid holiday, outlining the amounts underpaid. Time passes employer gives individual calculations(amounts disputed another matter) stating cot3 agreements are to be signed, added that maybe new contracts signed to allow for changes in legislation. time passes before Christmas shutdown new contracts are issued along with draft cot3 agreements, with notifications both are to be signed Before underpayments are released, contracts etc to be signed the day after returning to work. Its clear no consultation period has been observed, some employees don't like the way the new contracts have been slipped in with the cot3 agreement, really should be seperate, but understand the employer can do as they please. the first term of the new contracts is a term stating length of service is unaffected, so no issue there? the employer has not given indication about what it intends to do with those not agreeing with the new contract. Under the impression the employer wants it pushed through quickly, however they are using acas, for the cot3 and advice, so I take it they are not expecting a smooth transition OR that its the cheapest way for them to sort it out? How many workers are intending to disagree with new contracts i'm not sure, but plenty are not happy with some terms, others are not really thinking through the longer term implications and are just looking at the moneyon offer. I would like to thing the employer is open to negotiation, but the way the whole matter has been organised and pushed through it seems linke employee will need to take appropriate actions. Hopefully your about this eve Sidewinder, any further information I can try and provide.

Employer has set a date for signing new contracts. Should an employee wish to work under protest, what is the process... If the employee clocks in on the day, would that be seen as agreeing to the new contract? Does the written statement need to be given before the day of signing, at the time of signing or if not signing given before clocking in the following day? If the employee feels no consulatation has happened, time to seek advice or does not fully understand all the implications of the new contract. Is giving a working under protest notice appropriate? Will likely have some more questions depending on the answers to the above, thanks.

I have looked up recent hearing and can see it was heard on the 8th and 9th Mr Justice Singh, sitting alone, said at the end of the two-day EAT hearing that he would circulate his draft judgment to the parties in the usual way. With employment cases of this complexity, it normally takes around three months for the judgment to be published. taken from PersonelToday

I was of the understanding that the Lock appeal was on the basis whether commission should form part of normal renumeration. Is it likely clarification will be made regarding other areas. Part of my renumeration comprises of advance bonus payments and the remaineder paid as one off payment should the bonus be achieved, therefore I can't see how commision/bonus payments can't form part of my normal pay. Suppose this is going to take a long time to co e to a resolution. another point is since there is a limit on bringing an ET within 3 months, the limitation of 2 years for underpayments and the length of time these hearing are likely to be spreadout, then if a claim is made how can it ever work logistically in a timely matter?

Hello Sidewinder, nice to see you are still here giving advice (remember reading posts years ago). The type of overtime is volentary over the contractual obligated hours, some staff have contracts which exclude the compulsary overtime. Its really the question does overtime that is regular part of a weeks pay likely to be counted? As I understand any claim for requiring tribunal ruling will likely be suspended until the decisions are finalised when ever its set to be looked into. Do you know any dates or hearing relevant are due to be heard?

Despite recent rulings there still appears to be a grey area about holiday pay and overtime hours counting towards a weeks pay, that is with regard to volentary overtime over contractual hours(though I am aware this has been cleared up in Northern Ireland). My question is, under current English and Welsh Employment contracts what would be the correct calculationfor the following situation Contracted hours 37.5 Worked hours per week 48 (this has been normal for the last 3 years) the overtime has been volentary above contracted, the employee has always done the overtime and there for it can be demonstrated that 48 hrs was a regular worked week. should the holiday entitlement be 37.5 hours per week or based upon a 12 week reference period when holiday is taken since it would be a representation the employees normal weeks pay.

if it work on a commision basis for you agency if you take the holiday, i'll be having a small bet the paper work is in the system somewhere!