So it does sound like she is due some extra time off/ paid holiday. When you write this.. The Company are saying that she cannot claim for additional holiday hours because of her contact which to me is not correct . What exactly happened? What did she ask, to who, and what was their reply? All verbal, or in writing? I would ask in writing. For example, "Could you kindly explain my annual leave calculation? My understanding is that my entitlement is 28 days, including bank holidays - pro rate over the year due to my part time hours. However, the hand book says "where your hours or pay fluctuates your holiday pay will be paid at a average weekly rate using 12 whole weeks (Sunday to Saturday ) preceding you leave where any work was completed." Further, I understand the law with regard to reference periods has changed from 12 to 52 weeks. Could you advise how may additional hours leave I have accrued due to the (number) hours overtime I have worked since January? And when I may be able to take these."

thanks, that's very helpful. One last thing - sorry, the devil is always in the detail! Does that section say it applies to certain kinds of contracts eg zero hours/ casual, or to everyone? I think the handbook is out of date as the reference period is now 52 weeks, not 12

anything like 45p I have only seen where there is no car allowance - it's very high if you also get an allowance. I suspect you have been overpaid. I also suspect rates are not in your contract and are in a policy, in which case, yes, they can change them.

So we need the wording from the contract and handbook on hours and holidays, what she has asked for, in detail, and what the response she got was. exact wording. Em

Hello, more detail, please? Does her contract say she is hourly paid, or does she do "hours required to do the job" with an indication of how many they might be? What exactly does it say about holiday entitlement? Is she trying to take additional leave at an inconvenient time, and they want her to take it off season or has something else happened? Thanks!

I would consider raising a grievance. You met your targets when sales leads were distributed fairly; you would like that to happen again. You will need to show the change between then and now, and that the method is indeed unfair, and not that you had an unfair advantage previously. Have these been formal disciplinaries? Have they followed the proper process? Have you appealed against them?

Employment claims in the civil courts - Working Families WORKINGFAMILIES.ORG.UK Some types of employment-related claims can be brought in the civil courts, rather than in an Employment Tribunal. This advice page offers a high level...

You cannot have the same case heard twice so one claim will stop when the other concludes. You can pursue elements which are for related, but not the same, matter.

We do. Although we also sometimes do a video meeting and just have a recording of it, instead. I have no fear of recordings because we don't say stupid things at them! re: discussing things by email: my managers know they get a severe taking to for that. The most you will see is "case conference" in their diary. When we have discussed what us legal and what is not, then we will start documenting things, having got any nonsensical ideas out of the way first. Never put your ignorance in writing, is a decent rule. That is not to say we won't expedite a situation with for example an agreement to part ways as friends, instead of following procedure. But I will have discussed options with managers in private - like coaching for them - before we get there.

I haven't used paper for personnel files in ages - too difficult with GDPR, and what needs shredding when. Company dependent, but I would not expect it to be a thing. However, the data storage guidelines may be a useful thing to get hold of?(Who stores what and where, for what purpose, and how long? No actual documents, just policy.) I would happily share that with any employee concerned about data.

I'm not sure why you seem to be trying to argue with me? I'm a volunteer and like a quiet life If you are confident you are correct, fair play to you. I'm suggesting the final decision maker in neither you not I, but the court.

Types of employment status: Checking your employment rights - Acas WWW.ACAS.ORG.UK It's important to know your employment status as it affects your legal rights and what you’re entitled to.

Just because it is in the contract does not mean it is true. It tells you what the employer *thinks* the status is. Employers are wrong, often!

So as yet, that is unconfirmed. Good luck, do let us know how you get on. Hopefully they will decide it is cheaper to settle and it can all be over with fast! If they go for a settlement agreement then there's little point, but if they don't then yes, that'd be very useful!

he is an employee if the court decide he is. have they?